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Capital § 2254 Habeas Cases: A Pocket Guide for Judges

Kristine Fox
January 1, 2012
In Print: Available for Distribution

This pocket guide provides a basic overview of the issues judges can expect to face when assigned a capital habeas case. It begins with appointment of counsel, budgeting concerns, and stays of execution. It then summarizes the primary procedural considerations that affect habeas cases - successive petitions, petition timeliness, state remedies exhaustion, procedural default, and amending a petition. The guide also addresses substantive considerations for case resolution, evidentiary development, and briefing procedures. Finally, the guide highlights some of the issues that often arise prior to an execution.