COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Plaintiff(s) -against- Calendar No. : JUDICIAL SUBPOENA : Name : : Prison Number Defendant(s) : ...................................................... Place of Confinement THE PEOPLE OF THE STATE OF NEW YORK UNITED STATES DISTRICT COURT TO DISTRICT OF NEVADA UNITED STATES OF AMERICA, ) ) ) CASE NO. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before (ToCourt be supplied by the Clerk) , the Honorable at the ) located at County of vs. ) in room , on the day of , 20 ), at o'clock PURSUANT TO at any recessed noon, and MOTIONin the or adjourned date, to testify and give evidence as a witness)in this action on the§2255 the VACATE, part of TO 28 U.S.C. ) SET ASIDE OR CORRECT ) SENTENCE BY A PERSON IN Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to , Movant. ) FEDERAL CUSTODY the party on whose behalf this subpoena was issued for a ) maximum penalty of $50 and all damages sustained as a GREETINGS: result of your failure to comply. Witness, Honorable , one of the Justices of the (If movant is attacking a sentence based on a federal conviction to be served in the future, Court in County, day of , 20 the motion should be filed in the federal court which entered the judgment.) 1) Name and location of the court which entered the judgment of conviction under (Attorney must sign above and type name below) attack: . 2) Date judgment of conviction was entered: 3) Case number: 4) Length and terms of sentence: Attorney(s) for . . Office and P.O. Address 1 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. 5) : Are you presently serving a Plaintiff(s) imposed for JUDICIAL SUBPOENA sentence a conviction other than the conviction under attack in this motion? -against: Yes G No G 6) Name of the judge who imposed sentence under attack in this motion: : : 7) Nature of the offense involvedDefendant(s) (all counts): : ...................................................... 8) What was your plea? NEW YORK THE PEOPLE OF THE STATE OF(check one) a) Not Guilty G b) Guilty G c) Nolo Contendere G TO 9) If you entered a plea of guilty pursuant to a plea bargain, state the terms and conditions of the agreement: GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable were found guilty after a plea of not guilty, was the finding made by: (check at the Court 10) If you located at County ofone) in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the a) A jury G b) A judge without a jury G 11) Did you testify at trial (if any)? Yes G 13) If you did appeal, answer the following: Witness, Honorable No G Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a 12) Did you appeal from No G result of your failure to comply. the judgment of conviction? Yes G Court in a) b) County, day of , one of the Justices of the , 20 State the name and location of the court where the appeal was filed, the result, the case number and the date of the court’s decision (or attach a copy of the court’s opinion or order): (Attorney must sign above and type name below) Attorney(s) for State the issues raised: Office and P.O. Address 14) Telephone No.: If you did not appeal, explain briefly why youFacsimile No.: did not: E-Mail Address: Mobile Tel. No.: 2 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Plaintiff(s) -against- 15) Calendar No. : JUDICIAL SUBPOENA : : Other than a direct appeal from the judgment of conviction and sentence, have you : previously filed in any federal court any petitions, applications or motions with respect to the judgment under attack in this motion? Yes G No G Defendant(s) : ...................................................... 16) If your answer to question 15 was “Yes”, give the following information: a) As to the first petition, application or motion: THE PEOPLE OF THE STATE OF NEW YORK 1) Name of court: TO 2) Nature of proceeding: GREETINGS: 3) Issues raised: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the 4) Did you receive an evidentiary hearing on your petition, application or motion? Yes G No G Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to 5) Result: the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. 6) Date of result: 7) Did you Witness, Honorable appeal the result to the federal appellate, court having jurisdiction? one of the Justices of the Yes G No G If you did appeal, give the name of the court where the Court in County, day of , 20 appeal was filed, the result, the case number, citation and date of the court’s decision (or attach a copy of the court’s opinion or order): (Attorney must sign above and type name below) 8) If you did not appeal, briefly explainAttorney(s) did not: why you for Office and P.O. Address b) As to any second petition, application or motion, give the following Telephone No.: information: 3 Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : 1) Name of court: Plaintiff(s) 2) 3) Nature of proceeding: Issues raised: -against- Calendar No. : JUDICIAL SUBPOENA : : : Defendant(s) : . . . . . . . . . . . . . . .4). . . . . Did. you. receive . . . evidentiary. hearing on your petition, application or . . . . . . . . . . . . . . an . . . . . . . . . . . . . . motion? Yes G No G 5) Result: THE PEOPLE OF THE STATE OF NEW YORK 6) TO Date of result: 7) Did you appeal the result to the federal appellate court having jurisdiction? Yes G No G If you did appeal, give the name of the GREETINGS: court where the appeal was filed, the result, the case number, citation and date of the court’s decision (or attach aside, you the court’s opinion WE COMMAND YOU, that all business and excuses being laid a copy of and each of you attend before , the Honorable at the Court or order): located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the 8) If you did not appeal, briefly explain why you did not: Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Witness, Honorable , one of the Justices of the As to any third petition, application or motion, give the following information: County, day of , 20 Court in c) 1) Name of court: 2) 3) Nature of proceeding: Issues raised: (Attorney must sign above and type name below) Attorney(s) for 4) Did you receive an evidentiary hearing on your petition, application or Office and P.O. Address motion? Yes G No G 5) Result: 6) Date of result: 4 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : 7) Index No. Calendar No. : JUDICIAL SUBPOENA Did you appeal the result to the federal appellate court having -against: jurisdiction? Yes G No G If you did appeal, give the name of the court where the appeal was filed, the result, the case number, citation : and date of the court’s decision (or attach a copy of the court’s opinion : or order): Plaintiff(s) Defendant(s) : ...................................................... 8) If you did not YORK THE PEOPLE OF THE STATE OF NEW appeal, briefly explain why you did not: TO GREETINGS: 17) State concisely every ground on which you claim that you are being held unlawfully. Summarize briefly the facts supporting each being laid aside, you and each of you attend WE COMMAND YOU, that all business and excusesground. If necessary, you may attach before , the Honorable two extra pages (8 ½" x 11") stating additional grounds or supporting facts. at the Court up to located at County ofYou should raise in this motion all available grounds for relief which relate to the in room conviction under attack. , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the a) Ground One: Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a 1) Supporting facts (tell your story briefly without citing legal authority result of your failure to comply. or argument): Witness, Honorable Court in County, , one of the Justices of the day of , 20 (Attorney must sign above and type name below) Attorney(s) for 2) Has this ground been previously presented to any federal court by way of petition for writ of habeas corpus, motion pursuant to 28 U.S.C. § Office application? 2255, or any other petition, motion or and P.O. Address Yes G No G a) Telephone No.: If your answer is “Yes”, indicate which type of proceeding you Facsimile No.: used to present this ground: 5 E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Plaintiff(s) -against- b) Calendar No. : JUDICIAL SUBPOENA : If your answer is “No”, state briefly your reason(s) for not presenting this ground: : : Defendant(s) : . . . . . . . . b) . . . . .Ground .Two:. . . . . . . . . . . . . . . . . . . . . . . . . . . .. ....... .... THE PEOPLE OF THE STATE OF NEW YORK 1) TO Supporting facts (tell your story briefly without citing legal authority or argument): GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. 2) Has Witness, Honorable this ground been previously presented toone of the Justices ofby way , any federal court the of petition for writ of habeas corpus, motion pursuant to 28 U.S.C. Court in County, day of , 20 §2255, or any other petition, motion or application? Yes G No G (Attorney must sign above and type name below) a) If your answer is “Yes”, indicate which type of proceeding you used to present this ground: b) If your answer is “No”, state briefly your reason(s) for not presenting this ground: Attorney(s) for Office and P.O. Address c) Ground Three: 6 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : 1) Index No. Calendar No. : JUDICIAL SUBPOENA Supporting facts (tell your story briefly without citing legal authority -against: or argument): Plaintiff(s) : : Defendant(s) : ...................................................... THE PEOPLE OF THE STATE OF NEW YORK TO GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable 2) at the Court Has this ground been previously presented to any federal court by way located at writ of habeas corpus, motion pursuant to 28 U.S.C. County of of petition for in room , on the§2255, orof day any other petition, ,motion or application? Yes Gand at G recessed , 20 at o'clock in the noon, No any or adjourned date, to testify and give evidence as a witness in this action on the part of the a) If your answer is “Yes”, indicate which type of proceeding you used to present this ground: Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. b) Witness, Honorable Court in County, d) Ground Four: 1) If your answer is “No”, state briefly your reason(s) for not presenting this ground: , one of the Justices of the day of , 20 (Attorney must sign above and type name below) Supporting facts (tell your story briefly without citing legal authority or argument): Attorney(s) for Office and P.O. Address 7 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Plaintiff(s) -against- Calendar No. : JUDICIAL SUBPOENA : : : Defendant(s) : ...................................................... 2) Has this NEW YORK THE PEOPLE OF THE STATE OFground been previously presented to any federal court by way of petition for writ of habeas corpus, motion pursuant to 28 U.S.C. §2255, or any other petition, motion or application? Yes G No G TO a) GREETINGS: If your answer is “Yes”, indicate which type of proceeding you used to present this ground: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the b) If your answer is “No”, state Court your reason(s) for not briefly located at this ground: County of presenting in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the 18) Do you have any petition, application, motion or appeal now pending in any court regarding the conviction under attack? Yes G No G If “Yes”, state the name of the Your failurethecomply withthe proceeding:punishable as a contempt of court and will make you liable to court and to nature of this subpoena is the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Witness, Honorable , one of the Justices of the 19) representedday of an attorney20 any time during the course of your by Court in Were you County, , at arraignment and plea, trial (if any), sentencing, appeal (if any), or during the preparation, presentation or consideration of any petitions, motions or applications which you filed with respect to this conviction? Yesmust sign above and type name state the (Attorney G No G If “Yes”, below) name(s) and address (es) of any such attorney(s), the proceedings in which you were so represented and whether said attorney(s) was/were of your own choosing or if appointed by the court: Attorney(s) for Office and P.O. Address Wherefore, movant prays that the court grant him such relief to which he may be entitled in this proceeding. 8 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Signature of Attorney (if any) Plaintiff(s) -against- Index No. Calendar No. :Signature of Movant JUDICIAL SUBPOENA : : : Defendant(s) : ...................................................... (Attorney’s full address and telephone number.) THE PEOPLE OF THE STATE OF NEW YORK DECLARATION UNDER PENALTY OF PERJURY TO The undersigned declares under penalty of perjury that he is the movant in the above action, that he has read the above pleading and that the information contained therein is true and correct. GREETINGS: 28 U.S.C. § 1746. 18 U.S.C. § 1621. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court Executed at on , 20 . located at County of (Location) (Date) in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the (Signature) Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Witness, Honorable Court in County, , one of the Justices of the day of , 20 (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address 9 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com