Section 15.49 To Be Filed in Federal Court

• Library: App Ct Prac 2013 Supp - Forms

In The United States District Court

Eastern District of Missouri

Eastern Division

_____________________________ )

[Petitioner’s Name], )

)

Petitioner, )

)

v. ) No. _____________

)

_____________________________ )

Superintendent, ) This Is a Capital Case

Potosi Correctional Center, )

)

Respondent. )

Petition for Writ of Habeas Corpus

By a Person in State Custody

[Petitioner’s name], the petitioner, by and through counsel, petitions this court for a writ of habeas corpus under 28 U.S.C. § 2254, discharging the petitioner from the petitioner’s unconstitutional confinement on the grounds set out below.

History of Prior Proceedings

The court that entered the judgment of conviction and sentence under attack was the Circuit Court of ________________________ County, at ________________________ County, Missouri.

The date of the judgment and sentence was [date].

The sentence was death by lethal injection.

The nature of the offense involved was capital murder in violation of § 565.001, RSMo [and other offenses, if any].

The petitioner originally entered a plea of not...