COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. Petition for Relief From a Conviction or Sentence : By a Person in State Custody JUDICIAL SUBPOENA Plaintiff(s) -against(Petition Under 28 U.S.C. § 2254 for a Writ :of Habeas Corpus) : Instructions : 1. To use this form, you must be a person who is currently serving a sentence under a judgment against you in a Defendant(s) state court. You are asking for relief from the conviction or the sentence. This form is your petition for relief. : ...................................................... 2. You may also use this form to challenge a state judgment that imposed a sentence to be served in the future, but you must fill in the name of the state where the judgment was entered. If you want to challenge a federal judgment that imposed a sentence to be served in the future, you should file a motion under 28 U.S.C. § 2255 in THE PEOPLE OF THE STATEthe judgment. the federal court that entered OF NEW YORK 3. TO In this petition, you may challenge the judgment entered by only one court. If you want to challenge a judgment entered by a different court (either in the same state or in different states), you must file a separate petition. 4. Make sure GREETINGS: the form is typed or neatly written. 5. You must tell the truth and sign the form under penalty of perjury. If you make a false statement, you may be WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before prosecuted for perjury. , the Honorable at the Court County of all the questions. You located at to cite law. You may submit additional pages if necessary. If you 6. Answer do not need in room not fill out , onform properly, you will be asked, to submit at day of 20 , additional o'clock ininformation. If you want to recessed noon, and at any do the the or correct the or adjournedadate, to testify and you must submitas a witness in this action on the part of the submit brief or arguments, give evidence them in a separate memorandum. 7. The filing fee for a petition is $5. If you cannot pay the fee, you may ask to proceed in forma pauperis (as a poor person) by completing the attached declaration. 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 the grounds for relief from the conviction or sentence 8. CAUTION: You must include in this petition all for a maximum penalty of $50 and all damages sustained as a result that you failure to comply. must state the facts that support each ground. If you fail to set forth all the of your challenge. And you grounds in this petition, you may be barred from presenting additional grounds at a later date. 9. Witness, Honorable , one of the Justices of the If you were convicted in Brooklyn (Kings), Nassau, Queens, Staten Island (Richmond) or Suffolk County, then Court the Eastern District of New York is theof in County, day proper Court in,which to file your petition. Complete the attached 20 form, keep a copy for yourself and send the original plus two copies (you need not copy these instructions) to: The Pro Se Office United States District Court Eastern District of New York 225 Cadman Plaza East Brooklyn, NY 11201 (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. PETITION UNDER 28 U.S.C. § 2254 FOR WRIT OF : HABEAS CORPUS BY A PERSON IN STATE CUSTODY JUDICIAL Plaintiff(s) -against- SUBPOENA : District United States District Court Name (under which you were convicted): : Docket or Case No.: : Defendant(s) : . . .Place. of. Confinement: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . .......... THE PEOPLE OF THE STATE OF NEW YORK Petitioner (include the name under which you were convicted) Prisoner No.: Respondent (authorized person having custody of petitioner) TO v. The Attorney General of the State of GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court PETITION located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed or1. (a) Name and location ofand give evidence asjudgment ofin this action on the part of the adjourned date, to testify court that entered the a witness conviction you are challenging: Your failure to comply with (if you know): (b) Criminal docket or case number 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 2. of your failure to comply. result (a) Date of the judgment of conviction (if you know): (b) Date of sentencing: 3. Witness, Honorable Length of sentence: Court in County, , one of the Justices of the day of , 20 4. In this case, were you convicted on more than one count or of more than one crime? 5. Yes G No G Identify all crimes of which you were convicted and sentenced in this case: (Attorney must sign above and type name below) Attorney(s) for 6. (a) What was your plea? (Check one) (1) Not guilty G (3) Nolo contendere (no contest) G (2) Guilty G (4) Office G Insanity plea and P.O. Address (b) If you entered a guilty plea to one count or charge and a not guilty plea to another count or charge, what did you plead guilty to and what did you plead not guilty to? 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 : : (c) If you went to trial, what kind of trial did you have? (Check one) Jury G Judge only G : 7. Did you testify at either a pretrial hearing, trial or a post-trial hearing? 8. Did you appeal from the judgment of conviction? Defendant(s) : . . . . . . . . Yes .G . .No . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . ..G Yes G No G THE PEOPLE OF THE STATE OF NEW YORK 9. If you did appeal, answer the following: TO (a) Name of court: (b) Docket or case number (if you know): (c) Result: GREETINGS: result (if you know): (d) Date of (e) Citation to the case (if you know): business and excuses being laid aside, you and each of you attend before WE COMMAND YOU, that all , the Honorable raised: at the Court (f) Grounds 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 (g) your failure to comply. by a higher state court? Yes G No G of Did you seek further review If yes, answer the following: Witness, Honorable (1) Name of court: Court in (2) Docket or County, case number (ifday of you know): , one of the Justices of the , 20 (3) Result: (Attorney must sign above and type name below) (4) Date of result (if you know): (5) Citation to the case (if you know): (6) Grounds raised: Attorney(s) for Office and P.O. Address (h) Did you file a petition for certiorari in the United States Supreme Court? If yes, answer the following: (1) Docket or case number (if you know): Yes G No G Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Calendar No. : JUDICIAL SUBPOENA (2) Result: Plaintiff(s) (3) Date of result (if you know): -against- : (4) Citation to the case (if you know): : 10. Other than the direct appeals listed above, have you previously filed any other petitions, applications, or motions concerning this judgment of conviction in any state court? : Yes G No G Defendant(s) : . .11. . If .your . . . . . . to.Question.10. was . . . . . .give the. following .information: . . . . . . answer . . . . . . . . . . . “Yes,” . . . . . . . . . . . . . . . . (a) (1) Name of court: (2) Docket or case number (if you know): THE PEOPLE OF THE STATE OF NEW YORK (3) Date of filing (if you know): TO (4) Nature of the proceeding: (5) Grounds raised: 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 subpoenawaspunishable as petition, application, or motion?make you liable to (6) Did you receive a hearing where evidence is given on your a contempt of court and will the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a Yes G No G result of your failure to comply. (7) Result: Witness, Honorable (8) Date of result (if you know): , one of the Justices of the Court (b) If you filed any second petition, application, or motion, give the same information: in County, day of , 20 (1) Name of court: (2) Docket or case number (if you know): (Attorney must sign above and type name below) (3) Date of filing (if you know): (4) Nature of the proceeding: (5) Grounds raised: Attorney(s) for Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Plaintiff(s) Calendar No. : JUDICIAL SUBPOENA (6) Did you receive -against- where evidence was given on your petition, application, or motion? a hearing : Yes G No G : (7) Result: : (8) Date of result (if you know): (c) If you filed any third petition, application, or motion, give the same information: Defendant(s) : . . . . . . . . (1).Name .of .court: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .... . .... (2) Docket or case number (if you know): (3) Date of filing (if you know): THE PEOPLE OF THE STATE OF NEW YORK (4) Nature of the proceeding: TO (5) Grounds raised: 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 (6) Did you receive a hearing where evidence was given on your petition, application, or motion? Your failure G comply with this subpoena is punishable as a contempt of court and will make you liable to Yes to No G the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a (7) failure result of yourResult: to comply. (8) Date of result (if you know): Witness, Honorable one on your petition, (d) Did you appeal to the highest state court having jurisdiction over the action, takenof the Justices of the Court application, or motion? in County, day of (1) First petition: Yes G No G (2) Second petition: Yes G No G (3) Third petition: , 20 Yes G No G (Attorney must sign above and type name below) (e) If you did not appeal to the highest state court having jurisdiction, explain why you did not: Attorney(s) for Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. 12. For this petition, state every ground on which you claim that you are being held in violation of the Constitution, : laws, or treaties of the United States. Attach additional pages if you have more than four grounds. State the facts JUDICIAL SUBPOENA Plaintiff(s) supporting each ground. -against- : : CAUTION: To proceed in the federal court, you must ordinarily first exhaust (use up) your available state-court : remedies on each ground on which you request action by the federal court. Also, if you fail to set forth all the grounds in this petition, you may be barred from presenting additional grounds at a later date. Defendant(s) : ...................................................... GROUND ONE: THE PEOPLE OF THE STATE OF NEW YORK (a) Supporting facts (Do not argue or cite law. Just state the specific facts that support your claim.): TO 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(b) If you did not exhaust your state remedies on Ground One, explain why: on the part of the adjourned date, to testify and give evidence as a witness in this action 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 (c) of your failure to comply. result Direct Appeal of Ground One: (1) If you appealed from the judgment of conviction, did you raise this issue? Witness, Honorable Yes G No G , one of the Justices of the Court (2) If you did not raise this issue in your direct appeal, explain why: in County, day of , 20 (Attorney must sign above and type name below) (d) Post-Conviction Proceedings: (1) Did you raise this issue through a post-conviction motion or petition for habeas corpus in a state trial court? Yes G No G Attorney(s) for (2) If your answer to Question (d)(1) is “Yes,” state: Type of motion or petition: Office Name and location of the court where the motion or petition was filed: and P.O. Address Docket or case number (if you know): Date of the court’s decision: Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Calendar No. : JUDICIAL SUBPOENA Result (attach a copy of the court’s opinion or order, if available): Plaintiff(s) -against- : (3) Did you receive a hearing on your motion or petition? : Yes G No G : (4) Did you appeal from the denial of your motion or petition? Yes G No G Defendant(s) : . . . . . (5) .If your. answer .to . . . . . . . .(d)(4). is.“Yes,”. did. you. raise. this. issue in the appeal? . . . . . . . . . . . . Question . . . . . . . . . . . . . . . . . . . Yes G No G (6) If your answer to Question (d)(4) is “Yes,” state: THE PEOPLE OF THE STATE OF NEW YORK Name and location of the court where the appeal was filed: TO Docket or case number (if you know): Date of the court’s decision: GREETINGS: Result (attach a copy of the court’s opinion or order, if available): WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court located Question (d)(5) is “No,” explain why you did not raise this issue: County of your answer to Question (d)(4) or at (7) If 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 (e) of your failure to comply. result Other Remedies: Describe any other procedures (such as habeas corpus, administrative remedies, etc.) that you have used to exhaust your state remedies on Ground One: Witness, Honorable Court in County, GROUND TWO: , one of the Justices of the day of , 20 (Attorney must sign above and type name below) (a) Supporting facts (Do not argue or cite law. Just state the specific facts that support your claim.): Attorney(s) for Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. (b) If you did not exhaust your state remedies on Ground Two, explain why: : Plaintiff(s) -against- JUDICIAL SUBPOENA : : (c) Direct Appeal of Ground Two: (1) If you appealed from the judgment of conviction, did you raise : issue? this Yes G No G Defendant(s) : . . . . . (2) .If you . . . not. raise.this.issue. in.your .direct. appeal,.explain .why: . . . . . . did . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . THE PEOPLE OF THE STATE OF NEW YORK (d) Post-Conviction Proceedings: TO (1) Did you raise this issue through a post-conviction motion or petition for habeas corpus in a state trial court? Yes G No G (2) If your answer to Question (d)(1) is “Yes,” state: GREETINGS: Type of motion or petition: Name and location of the court where the motion or petition wasbeing laid aside, you and each of you attend before WE COMMAND YOU, that all business and excuses filed: , the Honorable at the Court located at County of Docket or case number (if you know): in room , on the day of , 20 , at o'clock in the noon, and at any recessed Date of date, to testify and or adjourned the court’s decision: give evidence as a witness in this action on the part of the Result (attach a copy of the court’s opinion or order, if available): 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 (3) youryou receive comply. on your motion or petition? of Did failure to a hearing Yes G No G Witness, Honorable (4) Did you appeal from the denial of your motion or petition? Court in Yes G No G County, day of , one of the Justices of the , 20 (5) If your answer to Question (d)(4) is “Yes,” did you raise this issue in the appeal? Yes G No G (Attorney must sign above and type name below) (6) If your answer to Question (d)(4) is “Yes,” state: Name and location of the court where the appeal was filed: Attorney(s) for Docket or case number (if you know): Date of the court’s decision: Office and P.O. Address Result (attach a copy of the court’s opinion or order, if available): Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. (7) If your answer to Question (d)(4) or Question (d)(5) is “No,” explain why you did not raise this issue: Plaintiff(s) -against- : JUDICIAL SUBPOENA : : : (e) Other Remedies: Describe any other procedures (such as habeas corpus, administrative remedies, etc.) that you have used to exhaust your state remedies on Ground Two: Defendant(s) : ...................................................... THE PEOPLE OF THE STATE OF NEW YORK TO GROUND THREE: (a) Supporting facts (Do not argue or cite law. Just state the specific facts that support your 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 (b) If you did not exhaust your state remedies on Ground Three, explain why: 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, of Ground (c) Direct AppealHonorable Three: , one of the Justices of the Court (1) If you appealed from the judgment of conviction, did20 raise this issue? in County, day of , you Yes G No G (2) If you did not raise this issue in your direct appeal, explain why: (Attorney must sign above and type name below) (d) Post-Conviction Proceedings: Attorney(s) for (1) Did you raise this issue through a post-conviction motion or petition for habeas corpus in a state trial court? Yes G No G (2) If your answer to Question (d)(1) is “Yes,” state: Office and P.O. Address Type of motion or petition: Name and location of the court where the motion or petition was filed: Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Calendar No. : JUDICIAL SUBPOENA Docket or case number (if you know): Date of the court’s decision: Plaintiff(s) Result (attach a copy of -against- opinion or order, if available): : the court’s : (3) Did you receive a hearing on your motion or petition? : Yes G No G Defendant(s) : . . . . . (4) .Did .you.appeal. from. the .denial .of .your motion.or.petition? . . . . .. .. .. .... ... .. .... . ........ . ...... Yes G No G (5) If your answer to Question (d)(4) is “Yes,” did you raise this issue in the appeal? THE PEOPLE OF THE STATE OF NEW YORK Yes G No G TO (6) If your answer to Question (d)(4) is “Yes,” state: Name and location of the court where the appeal was filed: GREETINGS: case number (if you know): Docket or Date of the court’s decision: that all business and excuses being laid aside, you and each of you attend before WE COMMAND YOU, , the Honorable at if available): Court Result (attach a copy of the court’s opinion or order, the 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 (7) If your answer to Question (d)(4) or Question (d)(5) is “No,” explain why you did not raise this issue: 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 that (e) Other Remedies: Describe any other procedures (such as habeas corpus, administrative remedies, etc.) the Court you have used to exhaust your state remedies on Ground20 in County, day of , Three: (Attorney must sign above and type name below) GROUND FOUR: Attorney(s) for (a) Supporting facts (Do not argue or cite law. Just state the specific facts that support your claim.): Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : : Plaintiff(s) Calendar No. JUDICIAL SUBPOENA (b) If you did not exhaust your state remedies on Ground Four, explain :why: -against- : : Defendant(s) : . .(c). . Direct Appeal of Ground. Four:. . . . . . . . . . . . . . . . . . . . . . . . . . ................... .... (1) If you appealed from the judgment of conviction, did you raise this issue? Yes G No G THE PEOPLE OF THE STATE OF NEW YORK (2) If you did not raise this issue in your direct appeal, explain why: TO (d) Post-Conviction Proceedings: (1) Did you raise this issue through a post-conviction motion or petition for habeas corpus in a state trial court? GREETINGS: No G Yes G (2) If your answer to Question (d)(1)all “Yes,” state: excuses being laid aside, you and each of you attend before WE COMMAND YOU, that is business and , the Honorable at the Court Type of motion or petition: located at County of Name and location of the court where the motion or petition was filed: 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 Docket or case number (if you know): Date of the court’s decision: Your failure to of the court’s this subpoena is punishable Result (attach a copy comply with opinion or order, if available): 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 (3) Did you receive a hearing on your motion or petition? Court in Yes G No G County, day of , one of the Justices of the , 20 (4) Did you appeal from the denial of your motion or petition? Yes G No G (Attorney must sign above and type name below) (5) If your answer to Question (d)(4) is “Yes,” did you raise this issue in the appeal? Yes G No G (6) If your answer to Question (d)(4) is “Yes,” state: Attorney(s) for Name and location of the court where the appeal was filed: Docket or case number (if you know): Office and P.O. Address Date of the court’s decision: Result (attach a copy of the court’s opinion or order, if available): Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Plaintiff(s) Calendar No. : JUDICIAL SUBPOENA (7) If your answer to Question (d)(4) or Question (d)(5) is “No,” explain why you did not raise this issue: -against: : : Defendant(s) : . .(e). . Other. Remedies: .Describe .any .other .procedures. (such .as .habeas.corpus, administrative remedies, etc.) that . .... ........ ...... .. ... ....... .... . .... . you have used to exhaust your state remedies on Ground Four: THE PEOPLE OF THE STATE OF NEW YORK TO 13. Please answer these additional questions about the petition you are filing: GREETINGS: all grounds for relief that you have raised in this petition been presented to the highest state court (a) Have having jurisdiction? WE COMMAND YOU, Yes G business and excuses being laid aside, you and each of you attend before that all No G , the Honorable answer is “No,” state which grounds have not been so presented and give your reason(s) for not at the Court If your located at County ofpresenting them: 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 petition that has not is punishable as a contempt federal court? If so, which (b) Is there any ground in this with this subpoenabeen presented in some state or 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 ground or grounds have not been presented, and state your reasons for not presenting them: of your failure to comply. Witness, Honorable Court in County, , one of the Justices of the day of , 20 14. Have you previously filed any type of petition, application, or motion in a federal court regarding the conviction that you challenge in this petition? Yes G No G (Attorney must sign above and type name below) If “Yes,” state the name and location of the court, the docket or case number, the type of proceeding, the issues raised, the date of the court’s decision, and the result for each petition, application, or motion filed. Attach a copy of any court opinions or orders, if available. Attorney(s) for Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. 15. Do you have any petition or appeal now pending (filed and not decided yet) in any court, either state or federal, for the judgment you are challenging? YesPlaintiff(s) G No G : JUDICIAL SUBPOENA If “Yes,” state the name-againstand location of the court, the docket or case number, the type of proceeding, and the : issues raised. : : Defendant(s) : . .16. . Give. the .name. and. address, . . you. know,. of. each.attorney. who .represented you in the following stages of the . . . . . . . . . . . . . . . . . . if . . . . . . . . . . . . . . . . . . . . . judgment you are challenging: (a) At preliminary hearing: THE PEOPLE OF THE STATE OF NEW YORK TO (b) At arraignment and plea: (c) At trial: GREETINGS: (d) At sentencing: 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 appeal: (e) On 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 (f) In any post-conviction proceeding: Your failure to comply against you in a post-conviction proceeding: (g) On appeal from any ruling 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 17. Do you have any future sentence to serve after you complete the sentence for the judgment that you are the Court in challenging? County,G Noday of Yes G , 20 (a) If so, give name and location of court that imposed the other sentence you will serve in the future: (Attorney must sign above and type name below) (b) Give the date the other sentence was imposed: (c) Give the length of the other sentence: Attorney(s) for (d) Have you filed, or do you plan to file, any petition that challenges the judgment or sentence to be served in the future? Yes G No G Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. 18. TIMELINESS OF PETITION: If your judgment of conviction became final over one year ago, you must : explain why the one-year statute of limitations as contained in 28 U.S.C. § 2244(d) does not bar your petition.* JUDICIAL SUBPOENA Plaintiff(s) -against- : : : 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 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. Witness, Honorable , one of the Justices of the * The Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”) as contained in 28 U.S.C. § 2244(d) Court in in part that: County, day of , 20 provides (1) A 1-year period of limitation shall apply to an application for a writ of habeas corpus by a person in custody pursuant to the judgment of a State court. The limitation period shall run from the latest of — (Attorney must sign above and type name below) (A) the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review; (B) the date on which the impediment to filing an application created by State action in violation of the Constitution or laws of the United States is removed, if the Attorney(s) for applicant was prevented from filing by such state action; (C) the date on which the constitutional right asserted was initially recognized by the Supreme Court, if the right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review; or (D) the date on which the factual predicate of the claim or claims presented could have been discovered Office and P.O. Address through the exercise of due diligence. (2) The time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending shall not be counted toward any period of limitation under Telephone No.: this subsection. Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Calendar No. : JUDICIAL SUBPOENA Therefore, petitioner asks that the Court grant the following relief: Plaintiff(s) -against- : or any other relief to which petitioner may be entitled. : : Defendant(s) : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signature of Attorney (if any) ....... THE PEOPLE OF THE STATE OF NEW YORK I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct and that this TO Petition for Writ of Habeas Corpus was placed in the prison mailing system on (month, date, year). GREETINGS: (date). ExecutedCOMMAND YOU, that all business and excuses being laid aside, you and each of you attend before WE (signed) on , 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 Signature of Petitioner Your failure to is not petitioner, state relationship to petitioner a contempt of petitioner will signing If the person signing comply with this subpoena is punishable asand explain why court andis not 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 this petition. 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 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com