Fill and Sign the Writ Habeas Corpus 497328227 Form

IN THE UNITED STATES DISTRICT COURT FOR THE _______________ DISTRICT OF ___________ ____________________ DIVISION       ) ) ) ) ) ) ) ) )Petitioner/Plaintiff, V. CAUSE NO.             Defendant/Respondent, PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY COMES NOW the Petitioner, _______________, and files this Petition for Writ of Habeas Corpus By A Person in State Custody pursuant to 28 U.S.C. Section 2254, and in support thereof would respectfully show unto the Court the following: 1. Petitioner, _______________, is presently incarcerated at the _______________ State Penitentiary in _______________, _______________. His _______________ No. is _______________. His Social Security No. is _______________, and his date of birth is _______________. 2. The Respondents are: 3. In _______________, the Petitioner was indicted on two (2) counts of sale of a controlled substance, specifically cocaine, under Section ___________, ____________ (______) (As Amended). (Exhibit "A"). Afterwards, attorney _______________ was retained by Petitioner's family and commenced representation. On ________, 20___, Petitioner entered a plea of guilty to one count of sale of a controlled substance in Cause No. _______________ in the Circuit Court of __________ County, ____________ (Exhibit "B"), and was sentenced to serve a term of ________ (___) years in the custody of the _____________ Department of Corrections. (Exhibit "C"). Petitioner has no other sentences to be served in the future. 4. On __________, 20____, Petitioner filed a Complaint for Post Conviction Collateral Relief in the Circuit Court of _______________ County, ______________, Cause No. _______________. Said Complaint was based on the same grounds as are set forth in this Habeas Corpus Petition, i.e., (a) that Petitioner's plea of guilty was not made voluntarily with understanding of the nature of the charge and the consequences of the plea; and (b) that Petitioner was denied effective assistance of counsel. On _______________, 20___, an Order was entered denying Petitioner's request for post - conviction relief on the grounds that the statute of limitations had expired, and no evidentiary hearing was granted on said Complaint. [See - 1 - attached Exhibit "D"]. No appeal was taken from this Order, and there are no other petitions pending as to said Order. GROUNDS FOR RELIEF A. PETITIONER'S PLEA OF GUILTY WAS NOT MADE VOLUNTARILY WITH A FULL UNDERSTANDING OF THE NATURE OF THE CHARGE AND THE CONSEQUENCES OF THE PLEA 5. Since the age of ___________ (____), Petitioner has been treated for paranoid schizophrenia, with symptoms including extreme paranoia, hallucinations, hearing voices, sleep disturbances, and other bizarre behavior. At the time of Petitioner's commission of the crimes for which he entered his guilty plea, and at the time of entry of his guilty plea, Petitioner was not of sound mind. He had been unable to work because of his paranoid schizophrenia and was on social security disability. These facts were known to Petitioner's attorney, yet Petitioner was not required to undergo any kind of independent psychiatric examination prior to entering his guilty plea. B. PETITIONER WAS DENIED EFFECTIVE ASSISTANCE OF COUNSEL 6. Petitioner's conviction and sentence thereon was based upon a violation of his Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendment Rights which denied him effective assistance of counsel, due process and equal protection under both Federal and State Constitutions. His conviction was also a violation of common law principles of fundamental fairness. 7. Petitioner's attorney failed to provide effective assistance of counsel in the following respects: a) Petitioner's attorney failed to secure a psychiatric evaluation when there was evidence that the Petitioner had been treated for paranoid schizophrenia and had been delusional and further was unable to work and was on social security disability because of his mental condition. b) Petitioner's plea of guilty was not freely and voluntarily given due to Petitioner's mental state at the time. c) The representation of Petitioner by his attorney was ineffective and prejudicial under the test set forth in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed. 2d, 674 (1984). d) Alternative sentencing was not suggested to the Court by Petitioner's attorney nor did the Court consider any alternative sentencing. e) Petitioner has not filed any post - conviction proceedings in Federal Court concerning this cause. - 2 - f) The facts set forth herein, if properly presented and applied, would have produced a different conviction and sentence. C. PETITIONER IS UNQUESTIONABLY MENTALLY ILL AND NEEDS TO BE IN A MENTAL FACILITY AND NOT A CORRECTIONAL FACILITY. 8. Since incarcerated, Petitioner has continued to be extremely paranoid and delusional, refuses to eat, has lost weight, and has been seen exhibiting odd and bizarre behavior, such as eating his own feces, throwing feces at the security guards, placing linens in the toilet, and sleeping on the floor covered up with plastic. If Petitioner does not have his medications, he becomes out of control. Corrections personnel have been observed beating him in order to control him and because they are angry at his throwing feces at them. Petitioner's sisters have observed bruises and knots on Petitioner when they come to visit him at __________, and say his physical and mental condition have become much worse since he has been confined in _____________. 9. On _______________, _______________, counsel for Petitioner, traveled to _____________, ______________, for the purpose of visiting with Petitioner to personally observe Petitioner and also to have Petitioner sign this Petition. However, said attorney was informed by prison official, Lt. _______________, that Petitioner did not want to see said attorney. Said attorney was informed by _______________, medical assistant to Dr. _______________ at _____________ hospital, that Petitioner was in fact "certifiably crazy" and prison officials had difficulty controlling Petitioner because of his large size. 10. Petitioner is mentally ill. He is presently in the maximum security unit surrounded by security guards. He is in a cell by himself and is allowed outside only one (1) hour per day, as are other maximum security inmates and hardened criminals. Although he sees a psychiatrist once a week, the mental health needs of Petitioner are not the utmost priority in this correctional facility. Petitioner needs to be released to a mental health facility which can render appropriate daily psychiatric treatment. It is no wonder that Petitioner's mental condition has worsened while incarcerated. Any mentally ill person would become worse if locked up behind bars in a cell twenty - three (23) hours per day. 11. Petitioner has a flat - time date of _______________, 20__. He became eligible for parole on _______________, 20___, and again in ____________, 20___. Because of his mental condition. Petitioner is unable to speak for himself at any parole hearing. 12. Substantiating the facts set forth herein are Affidavits of Petitioner's mother, _______________, and his sisters, _______________ and _______________ [attached hereto as Exhibits E, F and G], and the Affidavit of his Attorney _______________ [attached hereto as Exhibit H]. WHEREFORE, PREMISES CONSIDERED, Petitioner requests that in the interest of justice, he be granted an evidentiary hearing and, that after such hearing, that this Court will enter its Order setting aside his conviction in Cause No. _______________ and sentencing thereon on __________, 20_____ pursuant to 28 U. S. C. Section 2254, and that Petitioner be permanently released from custody of the _____________ Department of Corrections and - 3 - released into the custody of his mother, _______________, who will see that he receives adequate medical treatment. Alternatively, it is requested that Petitioner be immediately released to a mental health facility sufficiently equipped to handle patients such as Petitioner so that Petitioner may receive the appropriate medical and psychiatric care he needs and deserves. Respectfully submitted, I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. EXECUTED ON THIS THE _________DAY OF ________________ 20___. - 4 -