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Managing Capital Cases
Federal Death Penalty Trial Example Documents
Introduction
The compilation of documents provides examples of the types of issues and filings judges may encounter in capital cases, as well as orders judges have used to manage those issues and the case as a whole. The documents are divided by topics. To compile the documents, we reviewed the dockets of all cases in which, since 2010, a notice of intent to seek the death penalty was filed or a federal capital trial was held. Documents were drawn from multiple cases, judges, and districts and were selected based on the topic addressed, the formatting, overall organization of the document, and how comprehensively it addressed the issue.
The documents are divided by topics: Scheduling Orders; Appointment of Counsel; Notices of Intent; Rule 12.2; Atkins Scheduling; Discovery of Jury Information; Discovery to Support Death Penalty Motions; Bills of Particulars; Informational Outlines; Jury Selection; Penalty Phase Jury Instructions; and Special Verdict Forms.
- USA v. Andrews: Pretrial and Trial Scheduling Order NDWV 2012
- USA v. Ciancia: Scheduling Order CDCA 2015
- USA v. Cleveland: Scheduling Order NM 2018
- USA v. Council: Scheduling Order SC 2018
- USA v. Mills and Wilson: Scheduling Order EDMI 2018
- USA v. Snarr and Garcia: Scheduling Order EDTX 2010
- USA v. Stone: Scheduling Order EDCA 2013
- USA v. Wiggins: Scheduling Order MDTN 2021
- USA v. Bowers: Order Appointing Learned Counsel WDPA 2018
- USA v. Christensen: Motion to Appoint Learned Counsel CDIL 2017
- USA v. Madison: Motion to Appoint Learned Counsel MDFL 2017
- USA v. Monroe: Order Appointing CJA Panel Attorney as Learned Counsel NDWV 2025
- USA v. Santiago: Order Assigning Counsel CO 2010
- USA v. Aquart: 12.2 Order – Appointing Firewall Attorney + Procedures CT 2010
- USA v. Christensen: Order – Appointing Firewall Attorney and Establishing Procedures and Schedule CDIL 2019
- USA v. Lujan: Stipulated Order Setting Forth the Conditions Under Which Defendant May Be Examined by the Government’s Mental Health Expert NM 2011
- USA v. Richardson: Order Establishing Procedures Regarding Mental Health Evidence NDGA 2010
- USA v. Watts: Government’s Unopposed Motion to Appoint Firewall Counsel and Proposed Dates for Rule 16 Disclosure and Evaluation of Defendant SDIL 2017
- USA v. Watts: Order Granting Government’s Unopposed Motion to Appoint Firewall Counsel and Proposed Dates for Rule 16 Disclosure and Evaluation of Defendant SDIL 2017
- USA v. Zelaya Martinez: Order – Procedures and Schedule EDVA 2020
- USA v. Wilson: Atkins Hearing Scheduling Order EDNY 2012
- USA v. Roland: Order – Atkins Briefing and Hearing Schedule NJ 2016
- USA v. Christensen: Motion for Discovery of Information Concerning the Grand and Petit Jury Venire CDIL 2018 (Granted in part and Denied in part)
- USA v. Cianca: Motion for Discovery of Information Concerning the Confection of the Grand and Petit Jury Venire CDCA 2015 (Granted, Denied, and Referred in part)
- USA v. Silva: Motion for Juror Lists and Qualification Questionnaires WDVA 2021 (Granted)
Discovery to Support Death Penalty Motions
- USA v. Madison: Defendant’s Motion for Discovery in Support of “Motion to Strike Death Penalty Notice” (DOC 264) Based Upon Influence of Arbitrary Factor – Race and Gender of Victim MDFL 2018 (Denied without prejudice)
- USA v. Millner: Defendant’s Motion for Discovery to Support a Motion to Strike Death Penalty Based Upon Influence of Arbitrary Factor of Race EDKY 2015 (Plea agreement)
- USA v. Smith, II: Motion to Compel Federal Bureau of Prisons Statistical Information AK 2019 (Granted in part and Denied in part)
- USA v. Basciano: Memorandum in Response to Government’s “Voluntary Disclosures” and in Further Support of Motion for Particulars with Regard to Penalty Phase Eligibility and Aggravating Factors EDNY 2008 (Granted in part and Denied in part)
- USA v. George: Motion for Bill of Particulars and Memorandum in Support EDLA 2019 (Denied)
- USA v. Montgomery: Motion for Bill of Particulars Regarding Victim Impact WDTN 2013 (Denied)
- USA v. Pleau: Bill of Particulars RI 2013
- USA v. Burkhalter, et al.: Motion for Informative Outline WDMO 2020 (Granted in part and Denied in part)
- USA v. Duran-Gomez: Motion for Informative Outlines of Aggravating Factors SDTX 2019 (Granted)
- USA v. Duran-Gomez: Government’s Informative Outline Regarding Proof of Aggravating Factors in Penalty Phase SDTX 2019 (Granted)
- USA v. Pedro-Vidal: Motion for Informative Outlines of the Nonstatutory Aggravating Factors PR 2018 (Denied)
- USA v. Savage, Merritt, and Northington: Government’s Informational Outline Regarding Proof of Aggravating Factors in Penalty Phase PAE (2013)
- USA v. Schlesinger Motion for Informative Outline as to Certain Aggravating Factors AZ 2021 (Granted)
Procedures and Scheduling
- USA v. Basciano: Scheduling Order EDNY 2010
- USA Christensen: Order Establishing Juror Selection Procedures CDIL 2019
- USA v. Council: Order Governing Jury Selection Procedures SC 2018
- USA v. Lujan: Order Regarding Jury Selection Procedures NM 2011
- USA v. McCluskey: Order Regarding Schedule for Jury Selection Process NM 2012
- USA v. O’Reilly: Order Regarding Jury Selection Process EDMI 2010
- USA v. Richardson: Order Setting Jury Selection Procedures NDGA 2010
Juror Questionnaires
Preliminary Instructions
- USA v. Phillips: Agreed-Upon Instructions to the Jury Panels EDPA 2009
- USA v. Burgos Montes: Preliminary Instructions for Pre-trial Voir Dire PR 2012
Penalty Phase Jury Instructions
- USA v. Duong: Penalty Phase Jury Instructions NDCA 2010
- USA v. Snarr: Court’s Instructions to the Jury – Phase Two EDTX 2010
- USA v. Snarr: Court’s Instructions to the Jury – Phase Three EDTX 2010
- USA v. Abrar: Special Verdict Form – Eligibility Phase EDVA 2013
- USA v. Abrar: Special Verdict Form – Selection Phase EDVA 2013
- USA v. Aquart: Special Verdict Form (Penalty Phase) CT 2011
- USA v. Christensen: Special Verdict Form CIL 2019
- USA v. Richardson: Verdict NDGA 2012
- USA v. Wilson: Special Verdict Form EDNY 2013