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60-1502. Petition. The petition shall be verified and state: (1) The place where the person is restrained and by whom; (2) the cause or pretense of the restraint to the best of plaintiff's knowledge and belief; and (3) why the restraint is wrongful. Individuals in the custody of the secretary of corrections must also include a list of all civil actions, including habeas corpus actions, the inmate has filed, or participated in, in any state court within the last five years.

History: L. 1963, ch. 303, 60-1502; L. 1996, ch. 148, § 4; July 1.

Source or prior law:

G.S. 1868, ch. 80, § 661; L. 1909, ch. 182, § 689; R.S. 1923, 60-2203.

CASE ANNOTATIONS

Prior law cases, see G.S. 1949, 60-2203.

1. Habeas Corpus hearing is civil in nature; inmate has no constitutional right to counsel and has no claim of ineffective assistance of counsel. Holt v. Saiya, 28 K.A.2d 356, 17 P.3d 368 (2000).

2. Refusal of petitioner to verify petition for habeas corpus, after being advised by clerk of requirements, was proper basis for dismissal of petition. Stewart v. Secretary of Corrections, 29 K.A.2d 411, 27 P.3d 932 (2001).

3. Requirements of 60-1502 apply to petitions filed under 60-1501 but not to motions filed under 60-1507. Avriett v. State, 31 K.A.2d 916, 75 P.3d 766 (2003).

4. Requirements of 60-1502 apply to petitions filed under 60-1501 but not to motions filed under 60-1507. Avriett v. State, 31 K.A.2d 916, 75 P.3d 766 (2003).

5. Error to summarily dismiss petition which did not correctly state who held petitioner in custody when it is clear petitioner is in Lansing Correctional Facility. Griffin v. Gilchrist, 33 K.A.2d 233, 100 P.3d 99 (2004).


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