Secret Tools
The Self-Help Post-Conviction Handbook, provides the necessary tools for the individual user to obtain documents and to prepare post-conviction motions or habeas corpus petitions:
Chapter I
Gathering Documents and Transcripts
Preparing for Post-Conviction Relief
Basic Documents required to collateral attack the validity of a criminal conviction and sentence
How to obtain the documents: Form letters for case file (attorney); Form letter to state bar (case file); Motion to compel attorney to surrender case file (state & federal); Form letter for transcripts; Form letters for docket entry sheets; Form letters for appellate docket; Form letters to order documents from the docket entry sheet and appellate docket; Form letters for Freedom of information act request and appeals.
Chapter II
Detainers and Extradition
How to deal with Detainers and Extradition
Effects of Detainers
Interstate Agreement on Detainers Act
Extradition
Motion’s to dismiss (with memorandum brief); Motion for fast and speedy trial (with memorandum brief); Motion to reinstate probation; Motion to terminate probation as unsatisfactorily completed; Motion to revoke probation & impose sentence in absentia; Guilty plea in absentia; Motion to enforce terms of plea agreement (with memorandum); Motion to impose sentence in absentia; Request to invoke interstate agreement on detainers act; Motion for appointment of counsel; Sample negotiation letters.
Chapter III
How To Analyze Your Case
Pretrial claims; Guilty plea claims; Trial claims; Sentencing claims; Appellate claims; Case law reference for claims; State & federal form motions; How to fill out state & federal form motions; How to obtain state & federal forms; Objections to magistrate’s report and recommendations; Reply Brief/Traverse/Response.
Addresses: State & Federal Supreme Courts; State Court of Criminal Appeals; United States Court of Appeals List of State Bar Associations.
Chapter IV
State Habeas Corpus or Post-Conviction Motions
List of State Habeas Corpus or Post-Conviction Relief Statutes Citations
Form letter requesting local habeas corpus statute; Form letter requesting copies of specific state statutes; Form letters requesting habeas corpus or post-conviction relief Form motions.
Petition for writ of habeas corpus; Verification for petition
Traverse To State’s Return And Answer
Memorandum brief in support of motion for post-conviction relief pursuant to Fla. R. Criminal P. 3.850 (Florida)
Motion for permission to file a motion for Writ of Error Coram Nobis (Arkansas)
Form affidavit for petition
Chapter V
Federal Habeas Corpus for State & Federal Prisoners
28 U.S.C. §§2241 through 2254. Federal Habeas Corpus Statutes; Rules governing 28 U.S.C. §2254 proceedings; (Sample) Form to be used by federal prisoner in filing a petition for writ of habeas corpus under 28 U.S.C. §2241.
Memorandum brief in support of petition for writ of habeas corpus (§2241)
Memorandum brief in support of petition for writ of habeas corpus (§2241 savings clause)
Form letter for request of §2254 Form petition
Memorandum brief in support of petition for writ of habeas (§2254)
Amendment to petition for writ of habeas corpus (§2254); Memorandum brief in support of amendment to petition for writ of habeas corpus (§2254)
Motion for expansion of record; Motion for an evidentiary hearing; Motion for appointment of counsel
Chapter VI
Federal Prisoners Motion to Vacate, Set-Aside Or Correct Sentence
28 U.S.C. §2255. Rules governing §2255 proceedings
Form letter requesting §2255 Form motion; Motion to vacate, set-aside or correct sentence
Memorandum brief in support of motion to vacate, set-aside or correct sentence (several sample briefs) and (§2255 guilty plea skeleton) and a (§2255 trial [skeleton]) memorandums
Sample Affidavit
Amendment to Motion to vacate, set-aside or correct 28 U..C. §2255 (with memorandum brief)
Motion for appointment of counsel; Motion for an extension of time to file a reply to government’s response
Reply to United States’ answer to Movant’s 28 U.S.C. §2255 motion
Motion for temporary stay of the proceedings; Motion for discovery and production of documents pursuant to Rule 6 (with memorandum brief); Interrogatories for defense counsel; Interrogatories for assistant United States Attorney
Motion for expansion of record; Motion for evidentiary hearing (with memorandum brief); Motion for an enlargement of time to file objections to the magistrate judge’s report & recommendation; Petitioner’s objections to report of magistrate judge; Movant’s objections to the magistrate judge’s report and recommendation; Motion for production of evidentiary hearing transcripts at government’s expense
Form letter requesting an in forma pauperis application; Motion for leave to proceed on appeal in forma pauperis (with affidavit)
Chapter VII
Special Habeas Corpus Procedures In Capital Cases
Death Penalty Cases:
28 U.S.C. §§2261 through 2266.
Motion for mandatory appointment of counsel.
Chapter VIII
Appellate Proceedings
Read the Rules of Appellate Procedure
Notice of appeal; Motion for leave to proceed on appeal in forma pauperis; Motion for an enlargement of time to file a motion for certificate of appealability; Motion for order of designation of record on appeal.
Statement of evidence under Rule 10(c) of the appellate procedure when transcript is unavailable
Motion for issuance of certificate of appealability
Motion to be loaned/furnished a copy of the record on appeal
Motion for an enlargement of time to file appellant’s opening brief
Motion for extension of time to file petition for rehearing
Motion for permission to file oversized brief
Motion for leave to file and out-of-time appeal
Appellant’s opening brief (with cover letter)
Certificate of compliance
Motion to stay mandate; Motion for reconsideration of entry of dismissal; Motion for leave to file an out-of-time pro se appellant’s reply brief; Motion to recall mandate or amend judgment; Motion to recall mandate and amend judgment.
Chapter IX
Supreme Court Proceedings
Read the Rules of the Supreme Court
Form letter for guide for prospective indigent petitioners for writ of certiorari
Form letter requesting counsel to file petition for writ of certiorari
Motion for leave to proceed in forma pauperis (with affidavit)
Petition for writ of certiorari
Chapter X
Miscellaneous Motions and Letters