Resources for Managing Capital Cases
Overview
Resources for Managing Federal Death Penalty Trials
|
Additional Resources
Resources for Managing Habeas Corpus Review of Capital Convictions
Resources for Managing Habeas Corpus Review of Capital Convictions
Resource Guide for Managing Capital Cases, Volume II: Habeas Corpus Review of Capital Convictions (June 2004)
This 32-page guide covers management of cases involving federal habeas corpus review of state and federal capital convictions. It is meant to assist judges and court staff by providing a summary of relevant law and case-management procedures used by the federal courts in these cases.
Supplemental materials, such as sample plans and orders, can be downloaded below. Click on (pdf) to download an Adobe Acrobat version of the form or on (rtf) to download a RichTextFormat version you can open and work on in any standard word-processing software. Note that provision of case-related materials by the Federal Judicial Center does not constitute the Center's endorsement of their use or legality. Anyone contemplating using or borrowing from these materials should research case law to determine their current viability.
Attorneys from the Capital Defense Network
are available to assist judges and defense counsel in managing capital habeas cases.
Appendix A: Case-Management Plans
Appendix A-1: Overview of Ninth Circuit’s Phased Management Plan (
pdf
) (
rtf
)
Appendix A-2: Case-Management Plan—District of Montana (
pdf
) (
rtf
)
Appendix A-3: Capital Case Management Plan—Designed for District Courts Within the Ninth Circuit (
pdf
) (
rtf
)
Appendix A-4: Case-Management Plan—Northern District of California (
pdf
) (
rtf
)
Appendix A-5: Guidelines for Death Penalty Cases—Eastern District of Tennessee (
pdf
) (
rtf
)
Appendix A-6: District Court Case Tracking Form—Ninth Circuit (
pdf
) (
rtf
)
Appendix B: General Procedure Orders
Appendix B-1: Stay of Execution Order—District of Nevada (
pdf
) (
rtf
)
Appendix B-2: Counsel Appointment Order—Eastern District of Missouri (
pdf
) (
rtf
)
Appendix B-3: Counsel Payment Procedures Order—Eastern District of Missouri (
pdf
) (
rtf
)
Appendix B-4: General Procedures Order—Northern District of Indiana (
pdf
) (
rtf
)
Appendix B-5: Counsel Appointment and General Procedures Order—District of Arizona (
pdf
) (
rtf
)
Appendix B-6: CJA Cost-Management Order—District of Arizona (
pdf
) (
rtf
)
Appendix B-7: Counsel Appointment and Procedures Order—Northern District of California (
pdf
) (
rtf
)
Appendix B-8: General Procedures Order—Central District of California (
pdf
) (
rtf
)
Appendix B-9: Counsel Appointment Order—Western District of Oklahoma (
pdf
) (
rtf
)
Appendix B-10: Pre-Status Conference Order—Western District of Oklahoma (
pdf
) (
rtf
)
Appendix B-11: In Forma Pauperis Order—District of Nevada (
pdf
) (
rtf
)
Appendix C: Budgeting Forms
Appendix C-1: Case Budgeting Plan—Northern District of California (
pdf
) (
rtf
)
Appendix C-2: Case Evaluation Form—Northern District of California (
pdf
) (
rtf
)
Appendix C-3: Attorney Budgeting Forms—Northern District of California! (
pdf
) (
rtf
)
Appendix C-4: Supplemental CJA Guidelines for Capital Habeas Corpus Cases—Northern District of California (
pdf
) (
rtf
)
Appendix C-5: Budgeting for Representation in Federal Capital Habeas Cases (
forthcoming
)
(1) Recommendations and Considerations for Appointed Counsel (
forthcoming
)
(2) Case Budgeting Forms (
forthcoming
)
(3) Capital Habeas Budgeting Software Instructions (
forthcoming
)
Appendix D: Scheduling Orders
Appendix D-1: Scheduling Order—Eastern District of Missouri (
pdf
) (
rtf
)
Appendix D-2: Post-Status Conference Scheduling Order—District of Arizona (
pdf
) (
rtf
)
Appendix D-3: Referral to Magistrate Judge—Western District of Oklahoma (
pdf
) (
rtf
)
Appendix D-4: Post-Status Conference Scheduling Order and Termination of Referral to Magistrate Judge—Western District of Oklahoma (
pdf
) (
rtf
)
Appendix D-5: First Scheduling Order (Non-Successive Petition)—District of Nevada (
pdf
) (
rtf
)
Appendix D-6: Second Scheduling Order (Non-Successive Petition)—District of Nevada (
pdf
) (
rtf
)
Appendix D-7: First Scheduling Order (Non-Successive, Post-Exhaustion Petition)—District of Nevada (
pdf
) (
rtf
)
Appendix D-8: Second Scheduling Order (Non-Successive, Post-Exhaustion Petition)—District of Nevada (
pdf
) (
rtf
)
Appendix E: Other Forms
Appendix E-1: Mixed Petition Order—District of Nevada (
pdf
) (
rtf
)
Appendix E-2: Procedural Default Order—District of Nevada (
pdf
) (
rtf
)
Appendix E-3: Evidentiary Hearing Scheduling Order—Central District of California (
pdf
) (
rtf
)
Appendix E-4: Order Dismissing Successive Petition for Lack of Court of Appeals Authorization—District of Nevada (
pdf
) (
rtf
)
Appendix F: Additional Resources
(
pdf
)