COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Plaintiff(s) -against- Calendar No. : JUDICIAL SUBPOENA : INFORMATION AND INSTRUCTIONS : APPLICATION FOR A WRIT OF HABEAS CORPUS : PURSUANT TO 28 U.S.C. §2254 Defendant(s) : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Persons . . .State. Custody) . . . . . . . in . . . . . . . . . . THE PEOPLE OF THE STATE OF NEW YORK 1) The attached forms are to assist you in preparation of a petition for habeas corpus relief. In order for your petition to be considered by the District Court, it must be typewritten or TO legibly handwritten. All questions must be answered concisely in the appropriate spaces on the form. The petition must be signed and include a declaration under penalty of perjury. You are cautioned that any false statement of material fact may serve as basis for prosecution and conviction for GREETINGS: perjury. You should therefore exercise care to assure that all answers are true, correct, and complete. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court A. The Application located at County of in room pages are not permitted,of , on the day except that up to two (2) additional in the (8 1/2 '' x 11") any recessed , 20 , at o'clock pages noon, and at may 2) Extra or adjourned date, to testify to complete youras a witness inquestion #1. Citationof the and give evidence answers to this action on the part of legal authority is be attached if necessary not necessary and no briefs or arguments are to be submitted unless specifically requested by an order of the court. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the The law whose behalfapplications for aissued of habeas corpus pursuant to 28 U.S.C. § 2254 3) party on governing this subpoena was writ for a maximum penalty of $50 and all damages sustained as a result of your dramatically. You should consult these statutory changes in 28 U.S.C. §§ 2244, has changedfailure to comply. 2253, and 2254, as amended by, Title I of the Antiterrorism and Effective Death Penalty Act , one of the of 1996, Witness, Honorable Pub. L. No. 104-132, §§ 101-106, 110 Stat. 1214 (Apr. 24, 1996). Justices of the Court in County, day of , 20 4) In your petition, you should raise all available grounds for relief, If you fail to do so, you may be barred from presenting additional grounds at a later date. Rule 9 of the Supreme Court Rules governing §2254 cases provides that a second or successive petition and type name below) if (Attorney must sign above may be dismissed the judge finds that it fails to allege new and different grounds for relief and the prior determination was on the merits or, if new and different grounds are alleged, the judge finds the failure of the petitioner to assert those grounds in a prior petitionfor Attorney(s) constitutes an abuse of the writ. 5) The following list of the most frequently raised grounds for relief in post-conviction proceedings is furnished for your information only. This Office and P.O. Address you may raise list is not complete, and any other grounds for relief you may have: I Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : a) denial of effective assistance Plaintiff(s) of counsel; JUDICIAL SUBPOENA b) denial of right of appeal; -against: c) conviction obtained by plea of guilty which was unlawfully induced or not made voluntarily with understanding of the nature of the charge or the consequences : of the plea; d) conviction obtained by use of coerced confession; : e) conviction obtained by use of evidence obtained pursuant to an unlawful search and Defendant(s) seizure; : ...................................................... f) conviction obtained by use of evidence obtained pursuant to an unlawful arrest; g) conviction obtained by a violation of the privilege against self-incrimination; h) conviction obtained by the unconstitutional failure of the prosecution to disclose THE PEOPLE OF THE STATE OF NEW YORK evidence favorable to the defendant; i) conviction obtained by a violation of the protection against double jeopardy; TO j) conviction obtained by the action of a grand or petit jury which was unconstitutionally selected and impaneled; k) conviction was obtained by the knowing use of perjured testimony; 1) denial of compulsory process to obtain witnesses favorable to the defendant; GREETINGS: m) sentence imposed is cruet and unusual punishment; n) conviction obtainedthat thebusiness evidence obtained pursuant to an each of youlineup before WE COMMAND YOU, by all use of and excuses being laid aside, you and unlawful attend or , the Honorable identification procedure; at the Court o) located County of denial of a speedy trial; at in room p) convictionthe obtained as a result ,of a pleaat guilty or trial while the defendantany recessed , on was day of 20 , of o'clock in the noon, and at was or adjourned date, to testify and give evidence as a witness in this action on the part of the mentally incompetent. 6) On a single petition, you may challenge the judgments of only one court. If you seek to challenge several judgments entered by different courts, either in the same state or in make you liable to Your failure to comply with this subpoena is punishable as a contempt of court and will different states, you whosefile separate petitions asissued for court. the party on must behalf this subpoena was to each a maximum penalty of $50 and all damages sustained as a result of your failure to comply. 7) Your attention is directed to the requirement that you first exhaust available state judicial remedies on all grounds before presenting them to the Federalthe Justices of the Witness, Honorable , one of Court. Court in County, day of , 20 8) You must name as Respondent the person who has custody over you, i.e. the Warden of the institution where you are currently incarcerated. (Attorney must sign above and type name below) B. The Filing Fee and 28 U.S.C. § 1915 9) The application for a writ of habeas corpus must be accompanied by the full $5.00 filing fee. Attorney(s) for If you want to commence an action without prepayment of fees or security therefor, you must file a motion for leave to proceed pursuant to 28 U.S. C. § 1915. Under § 1915, you also must submit an affidavit and a certified copy of your trust fund account statement (or institutional equivalent) for the six-month period immediately preceding the filing of the habeas corpus Office and P.O. Address application. The certified copy of the trust fund account statement (or institutional equivalent) must be obtained from the appropriate official of each penal institution at which you are or were confined during the six-month period. The court will not consider the merits of the claims 2 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : asserted in any habeas corpus petition filed without either the JUDICIAL fee or a properly $5.00 filing SUBPOENA Plaintiff(s) completed motion, affidavit and certified copy of your: trust fund account statement (or -againstinstitutional equivalent) as required by § 1915. : 10) The motion and affidavit for leave to proceed pursuant to 28 U.S.C. § 1915 must be typewritten or legibly handwritten. All questions must be answered clearly and concisely in the : appropriate space on the form. You must sign the motion and affidavit. You should exercise Defendant(s) : care .to. assure .that .all. answers. are .true,. .correct .and. .complete. .... . ...... ... . ....... ... ... ...... .. ...... 11) If you are proceeding pursuant to 28 U.S. C. § 1915 and the motion, affidavit and certified copy of your trust fund account statement (or institutional equivalent) are in proper form, you THE PEOPLE OF to pay within thirty days will be ordered THE STATE OF NEW YORK an initial partial filing fee in an amount to be determined by the court pursuant to § 1915(b)(1). The court will not review the merits of your TO habeas corpus application until the initial partial filing fee is paid. If you fail to pay the initial partial filing fee within thirty days or fail to show that you have no assets and no means by which to pay the initial partial filing fee, the habeas corpus application will be dismissed without prejudice. If the initial partial filing fee is paid within thirty days, the court will review the GREETINGS: application pursuant to § 1915(e)(2)(B) to determine if it is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against a defendant who is before WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend immune from such relief. the Honorable at the Court located at County of in room are reminded that, evenof you are allowed to proceed pursuant to 28 noon, and at any recessed , on the day if , 20 , at o'clock in the 12) You U.S.C. § 1915, or adjourned date, to testify and give evidence as a witness in i.e.,action on It is your the this $5.00. the part of responsibility to you must pay the full filing fee as required by law, ensure that monthly payments are sent to the court as required by § 1915(b)(2) until the filing fee is paid in full. It is your responsibility to have the institution where you are confined forward Yourpayments from with this subpoena account to theaclerk of thecourt and will time the liable to the failure to comply your trust fund is punishable as contempt of court each make you amount in your accountthis subpoena was issued habeas corpus applicationand allbe dismissed the party on whose behalf exceeds $10.00. The for a maximum penalty of $50 may damages sustained as a result of your if you comply. at any pointfailure tofail to make the required monthly payments. Witness, Honorable , one of the two (2) the 13) When your petition is fully completed in proper order, the original andJustices of copies Court in County, 20 together with the required filingday of $5.00, or, motion to proceed pursuant to 28 U.S.C. § fee of 1915 and financial certificate, must be mailed to the Clerk of the United States District Court whose address is: (Attorney must sign above and type name below) Clerk of Court U.S. District Court 333 Lomas Blvd NW Attorney(s) for Albuquerque, NM 87102 14) You must furnish an original and one copy of all papers, correspondence or other Office and P.O. Address documents (except the original petition which requires an original and two (2) copies) submitted to the court for filing and consideration. In addition, after the respondent has been served with the petition, you must furnish the respondent or his/her attorney with a copy of all such Telephone No.: 3 Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com , COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : documents submitted to the court. EachPlaintiff(s)document (except the original petition) must original JUDICIAL SUBPOENA include a certificate stating the date a copy of the document was mailed to the respondent or -against: his/her attorney and the address to which it was mailed. A certificate of service may be in the following form: : I hereby certify that a copy of the foregoing pleadingldocument was mailed to : at Defendant(s) : (opposing. party .or. .counsel) . . . . . . . . . . . . . . . . . . . . . . . . ............. ..... . ....... (Address) on 1 THE PEOPLE(Date) STATE OF NEW YORK OF THE 20 . TO (Signature) GREETINGS: 14) United States District Judges, United States Magistrate Judge, law clerks, the Clerk of the WE COMMAND are officers business and and are prohibited from giving of you attend Court and deputy clerks YOU, that allof the court excuses being laid aside, you and eachlegal advice.before the Honorable Court Questions of this nature should be directed toat the an attorney. 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. 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 4 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com , COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Full Name/Prisoner Number Plaintiff(s) -against- Calendar No. : JUDICIAL SUBPOENA : Complete Prison Address (Place of Confinement) : : Defendant(s) : ...................................................... IN THE UNITED STATES DISTRICT COURT THE PEOPLE OF THE STATE OF NEW YORK FOR THE DISTRICT OF NEW MEXICO TO Civil Action No. (To be supplied by the Court) GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , Applicant, , the Honorable at the Court (Full Name and Prisoner Number) located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed V. or adjourned date, to testify and give evidence as a witness in this action on the part of the . Respondent, Your Warden, Superintendent, jailor (Name of 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 of or authorized person having custody issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. applicant) (Do not use et al.) Witness, Honorable and Court in County, , one of the Justices of the day of , 20 The Attorney General of the State of (Attorney , Additional Respondent. must sign above and type name below) Attorney(s) for APPLICATION FOR A WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. § 2254 BY A PERSON IN STATE CUSTODYAddress Office and P.O. Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. Note: If the applicant is attacking a judgment which imposed a sentence to be served in the : future, applicant must fill in the name of the state where the judgment ofSUBPOENA JUDICIAL conviction was Plaintiff(s) entered. If the applicant has a sentence to be served in the future under a federal judgment, -against: which he/she wishes to attack, he/she should file a motion under 28 U.S.C. § 2255, in the federal court which entered the judgment. : CONVICTION UNDER ATTACK : Defendant(s) : 1) . . . . . . . . . . . .Name .and .location . . .the. court. which . . . . . . . .the judgment of conviction under . . . . . . . . . . . . . . . of . . . . . . . . . . . . entered attack THE PEOPLE OF THE STATE OF NEW YORK TO 2) Date judgment of conviction was entered 3) Case number GREETINGS: 4) Type and length of sentence imposed WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable Are you presently serving a sentence imposed for a conviction other than the at the Court 5) No County of conviction under attack located at in this motion? Yes 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 (all counts)this action on the part of the Nature of the offense involved a witness in 6) Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to What was this plea? (check one) 7) the party on whose behalf yoursubpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Not Guilty Guilty Nolo Contendere Witness, Honorable , one of the Justices of the If a guilty Court in you enteredCounty, plea to one count or indictment, and a not guilty plea to another court day of , 20 or indictment, give details: (Attorney must sign above and type name below) Attorney(s) for If you entered a plea of guilty pursuant to a plea bargain, state the terms and 8) conditions of the agreement Office and P.O. Address 9) 10) Kind of trial (check one) Did you testify at trial? Yes Judge only Jury No 2 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. DIRECT APPEAL : Plaintiff(s) 11) JUDICIAL SUBPOENA Did you appeal from the judgment of conviction? Yes : . -against- No 12) If you did appeal, give the name and location of :the court where the appeal was filed, the result, the case number and date of the court's decision (or attach a copy of the court's opinion or order): : Defendant(s) : ...................................................... THE PEOPLE OF THE STATE OF NEW YORK 13) If you did not appeal, explain briefly why you did not: TO GREETINGS: No Did you seek YOU, that all business and appeal? Yes WE COMMAND permission to file a late excuses being laid aside, you and each of you attend before , the Honorable at the Court POST-CONVICTION PROCEEDINGS located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjournedOtherto testifydirect appeal from the judgment ofaction on the and of the date, than a and give evidence as a witness in this conviction part sentence, have you 14) a) previously filed any petitions, applications, or motions with respect to this judgment in any No Yes court, state or federal? Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to 15) the party on If yourbehalf this subpoena ''Yes,'' give the maximum penalty of $50 and all damages sustained as a whose answer to 14 was was issued for a following information: result of your failure to comply. a) FIRST petition, application or motion. Witness, Honorable 1.County, Name of court Court in day of 2. , one of the Justices of the , 20 Nature of proceeding (Attorney must sign above and type name below) 3. Claims raised Attorney(s) for 4. Did you receive an evidentiary hearing on your petition, application or Office and P.O. Address motion? Yes No 5. 6. Result Date of result 3 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. 7. Did you appeal the result to the highest state court having jurisdiction? : JUDICIAL SUBPOENA Plaintiff(s) Yes If you did appeal, give the name of the court where the No appeal -against- the result, the case number, citation and date of the court's was filed, : decision (or attach a copy of the court's opinion or order) : : Defendant(s) : . . . . . . . . . . . . . . . . .8. . . . . . If. you. did .not. appeal,. briefly .explain why you did not . . ... ... .. ...... ...... .... THE PEOPLE OF THE STATE OF NEW YORK TO b) As to any SECOND petition, application or motion, give the following information: GREETINGS: 1. Name of court WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before Nature of proceeding 2. , 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, to3. testify and give evidence as a witness in this action on the part of the Claims raised Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to Did you receive an evidentiary hearing on your petition, damages sustained as a 4. the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all application or result of your failure motion? Yes to comply. No Result 5. Witness, Honorable Court in County, day of 6. , one of the Justices of the , 20 Date of result 7. Did you appeal the result to the(Attorney must sign above and type name below) highest state court having jurisdiction? If you did appeal, give the name of the court where the Yes No 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(s) for Office and P.O. Address 4 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. If you did not appeal, briefly explain why you did not 8. : Plaintiff(s) . -against- JUDICIAL SUBPOENA : c) As to any THIRD petition, application or motion, give the following information: : 1. : Name of court Defendant(s) : . . . . . . . . . . . . . . . . . 2.. . . . . .Nature of .proceeding. . . . . . . . . . . . . ........ ......... THE PEOPLE OF THE STATE OF NEW YORK Claims raised 3. TO GREETINGS: Did you receive an evidentiary hearing on your petition, application or 4. No motion? Yes WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before 5. Result , the Honorable at the Court located at County of Date of result 6. 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 result to the higheston the court having jurisdiction? witness in this action state part of the Did you appeal the 7. If you did appeal, give the name of the court where the Yes No appeal was filed, the result, the case number, citation and date of the court's Your failuredecision (or attachsubpoena isthe court's as a contempt of court and will make you liable to to comply with this a copy of punishable opinion or order) 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. 8. Witness, Honorable If you did not appeal, briefly explain why, you of the Justices of the one did not Court in County, day of , 20 CLAIMS 16) State concisely every claim that you are being held unlawfully. Summarize briefly the (Attorney must sign above and type name below) facts supporting each claim. If necessary, you may attach extra pages stating additional claims and supporting facts. You should raise in this petition all claims for relief which relate to the conviction under attack. Attorney(s) for In order to proceed m federal court, you ordinarily must exhaust the remedies available to you m the state courts as to each claim on which you request action by the federal court. Office and P.O. Address 5 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : : Claim One: Plaintiff(s) -against- Calendar No. JUDICIAL SUBPOENA : : : (1) Supporting Facts: (Without citing legal authorities or argument state briefly the facts in of this claim) 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) Statement of exhaustion of statethe at remedies as toCourt one: claim located at County of in room , on the Appealof , 20 , at o'clock in the noon, and at any recessed Direct day or adjourned date, to testify and give evidence as a witness in this action on the part of the (a) If you appealed from the judgment of conviction, did you raise this issue? Yes No Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to (b) this subpoena raise this issue in your penalty of $50 and all briefly the party on whose behalfIf you did not was issued for a maximumdirect appeal, explaindamages sustained as a result of your failure to comply. did not why you Witness, Honorable Court in County, , one of the Justices of the day of , 20 Post-Conviction Proceedings (c) Did you raise this issue by means(Attorney must sign above and type name below) of a post-conviction motion or petition for habeas corpus in a state trial court? Yes No (d) If your answer to (c) is ''Yes,'' state the type of motion or petition, the Attorney(s) for name and location of the court where the motion or petition was filed, the case number (if known), the result and the date of the court's decision Office and P.O. Address Telephone your (e) Did you receive an evidentiary hearing on No.: motion or petition? Yes Facsimile No.: No 6 E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. (f) Did you appeal from the denial of your motion or petition? : JUDICIAL SUBPOENA Plaintiff(s) Yes No -against- : (g) If your answer to (f) is ''Yes,'' state whether this issue was raised in the appeal, Yes : No . and state the name and location of the court where the appeal was filed, the case number and the date of the court's decision (or : attach a copy of the court's opinion or order) Defendant(s) : ...................................................... THE PEOPLE OF THE STATE OF NEW YORK (h) If your answer to question (e), (f) or (g) is ''No,'' briefly explain TO GREETINGS: Other Remedies WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before (i) Describe all other procedures (such as habeas corpus in the state supreme , the Honorable at the Court court, administrative remedies, etc.) you have used to exhaust your state located at County of remedies as to the issue 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 Claim to comply. failure Two: Witness, Honorable Court in County, , one of the Justices of the day of , 20 (1) Supporting Facts: (Without citing legal authorities or argument state briefly the facts in of this claim) (Attorney must sign above and type name below) 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. Calendar No. (2) Statement of exhaustion of state remedies as to claim two: : JUDICIAL SUBPOENA Plaintiff(s) Direct-againstAppeal : : (a) If you appealed from the judgment of conviction, did you raise this issue? Yes No : (b) If you did not raise this issue in your direct appeal, explain briefly why Defendant(s) : . . . . . . . . . . . . . . . . . you. did .not. . . . . . . . . . . . . . . . . . . . . . . . . . . ... ... .. THE PEOPLE OF THE STATE OF NEW YORK Post-Conviction Proceedings TO (c) Did you raise this issue by means of a post-conviction motion or petition for habeas corpus in a state trial court? Yes No (d) If your answer to (c) is ''Yes,'' state the type of motion or petition, the name and location of the court where the motion or petition was filed, the case WE COMMAND YOU, known), the result excuses being of the court's and each of you attend before number (if that all business and and the date laid aside, you decision GREETINGS: , 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 (e) Did you receive an evidentiary hearing on your motion or petition? No Your failureYes 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. appeal from the denial of your motion or petition? (f) Did you Yes No Witness, Honorable , one of the Justices of the Court in County, day of , 20 (g) If your answer to (f) is "Yes,'' state whether this issue was raised in the appeal, Yes No , and state the name and location of the court where the appeal was filed, the case number and the date of the court's decision (or attach a copy of the court's opinion or order)must sign above and type name below) (Attorney Attorney(s) for (h) If your answer to question (e), (f) or (g) is ''No," briefly explain Office and P.O. Address 8 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : : Other Remedies Plaintiff(s) Calendar No. JUDICIAL SUBPOENA (i) Describe all other procedures (such as habeas corpus in the state supreme -against: court, administrative remedies, etc.) you have used to exhaust your state remedies as to the issue : : Defendant(s) : ...................................................... THE PEOPLE OF THE STATE OF NEW YORK Claim Three: TO (1) Supporting Facts: (Without citing legal authorities or argument state briefly the facts in of this claim) 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) Statement Witness, Honorableof exhaustion of state remedies as to claim one of the Justices of the , three: Court in County, day of , 20 Direct Appeal (a) If you appealed from the judgment of conviction, did you raise this issue? (Attorney must sign above and type name below) Yes No (b) If you did not raise this issue m your direct appeal, explain briefly why Attorney(s) for you did not Office and P.O. Address Post-Conviction Proceedings (c) Did you raise this issue by means of a post-conviction motion or petition Telephone No for habeas corpus in a state trial court? Yes No.: 9 Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. (d) If your answer to (c) is ''Yes,'' state :the type of motion or petition, the JUDICIAL was filed, the name and location of Plaintiff(s)where the motion or petitionSUBPOENA case the court number (if known), the result and the date of the court's decision : . -against: : Defendant(s) : . . . . . . . . . . . . . . . . . .(e) .Did .you. . . . . . . . . . . evidentiary. hearing on your motion or petition? . . . . . . . receive an . . . . . . . . . . . . . . . Yes No (f) Did you appeal from the denial of your motion or petition? THE PEOPLE OF THE STATE OF NEW YORK Yes No TO GREETINGS: (g) If your answer to (f) is ''Yes,'' state whether this issue was raised in the appeal, Yes No . and state the name and location of the court where the appeal was filed, the case number and the date of the court's decision (or attach a copy of the court's opinion or order) 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 (h) If your answer to question (e), (f) or (g) is ''No,'' briefly explain 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. Other Remedies Witness, Honorable , one of the Justices of the (i) Describe all other procedures (such as habeas corpus in the state supreme Court in County, day of , 20 court, administrative remedies, etc.) you have used to exhaust your state remedies as to the issue (Attorney must sign above and type name below) Attorney(s) for 17) Have all claims for relief raised in this petition been presented to the highest state Office and P.O. Address court having jurisdiction? Yes No 10 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. 18) If you answered ''No'' to question 17, state which claims have not been so presented : JUDICIAL SUBPOENA Plaintiff(s) and briefly give your reasons(s) for not presenting them -against- : : : 19) If any of the claims listed in thisDefendant(s) were not previously presented in any other application : . . . . .court, .state. or .federal,. state. briefly .what .claims. were. not so presented, and give your ..... ... .. ...... .... ...... .... ..... .... . reasons for not presenting them THE PEOPLE OF THE STATE OF NEW YORK TO 20) Have you previously filed any type of petition, application or motion in a federal court No regarding the conviction under attack? Yes GREETINGS: If ''Yes,'' answer the following and attach a copy of the court's decision for each petition, WE COMMAND YOU, that application, or motion filed: all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court located atof court County of a) Name and location in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned b) to Type of proceeding date, testify and give evidence as a witness in this action on the part of the C) The issues raised Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to d) The this subpoena was issued for a maximum penalty of $50 and all damages sustained as a the party on whose behalfresult result of your failure to comply. SUCCESSIVE APPLICATIONS Witness, Honorable , one of the Justices of the This Court in court is required to dismissof claim presented in a second or successive petition that County, day any , 20 the federal court of appeals has authorized to be filed unless the applicant shows that each claim satisfies the requirements of 28 U.S.C. § 2244, as amended by Tide I of the Antiterrorism and Effective Death Penalty Act of 1996, Pub. L.sign above and type name below)10 (Attorney must No. 104-132, § 106, 1 Stat. 1214 (Apr. 24, 1996). 21) If you are raising a claim which you have not presented in forprior application, have you a Attorney(s) obtained an order from the United States Court of Appeals for the Tenth Circuit authorizing No Please attach a copy of the this district court to consider the application? Yes order. Office and P.O. Address 11 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. 22) Do you have any petition, application, motion or appeal now pending in any court, : JUDICIALoSUBPOENA If ''Yes,'' either state or federal, regarding thePlaintiff(s) under attack? Yes conviction N state the name of the court, case file number (if known), and the nature of the proceeding -against: : : Defendant(s) : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LEGAL. REPRESENTATION ....... ............. 23) Give the name and address, if known, of each attorney who represented you in the following stages of the judgment attacked herein: THE PEOPLE OF THE STATE OF NEW YORK TO (a) At preliminary hearing GREETINGS:(b) At arraignment and plea 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 (c) At trial 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 (d) At sentencing 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. (e) On appeal Witness, Honorable Court in County, , one of the Justices of the day of , 20 (f) In any post-conviction proceeding (Attorney must sign above and type name below) (g) On appeal from any adverse ruling in a post-conviction proceeding Attorney(s) for OTHER CONVICTIONS Office and P.O. Address 24) Were you sentenced on more than one count of an indictment or on more than one No indictment, in the same court and at the same time? Yes 12 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com . COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : . : Index No. Calendar No. 25) Do you have any future sentence to serve after you complete the sentence imposed by : JUDICIAL SUBPOENA Plaintiff(s) No the judgment under attack? Yes -against- : . (a) If so, give name and location of court which imposed sentence to be served : in the future : Defendant(s) : ...................................................... (b) and give date and length of service to be served in the future THE PEOPLE OF THE STATE OF NEW YORK TO (c) Have you filed, or do you contemplate filing, any petition attacking the judgment which imposed the sentence to be served in the future? Yes No Wherefore, applicant prays that the court grant him such relief to which he may be entitled GREETINGS: in this proceeding. 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 Applicant's Original Signature Signature of Attorney (if any) 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.and Attorney's Full Address Telephone Number Witness, Honorable Court in County, , one of the Justices of the day of , 20 DECLARATION UNDER PENALTY OF PERJURY (Attorney must sign above and type name below) The undersigned declares under penalty of perjury that he/she is the applicant in this action, that he/she has read this petition and that the information contained in the petition is true and correct. 28 U. S. C. § 1746; 18 U. S. C. § 162 1. Attorney(s) for Executed at (Location) on (Date) Office and P.O. Address Telephone No.: Applicant'sNo.: Original Signature Facsimile 13 E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com