L.A.R. 8.3: Death Penalty Cases
Local Appellate Rules and Internal Operating Procedures of the Third Circuit — L.A.R. 8.0 Stay or Injunction Pending Appeal
Except as provided in 28 U.S.C. § 2262, the provisions of 3d Cir. L.A.R. Misc. 111.0 govern all stay proceedings in death penalty cases, including appeals from the grant or denial of a petition under 28 U.S.C. §§ 2254 or 2255, applications to file a second or successive petition under 28 U.S.C. §2244 and/or § 2255, and in original habeas corpus actions challenging a conviction in which a sentence of death has been imposed.
In a direct appeal of conviction or sentence in a criminal case in which the district court has imposed a sentence of death, an order will be entered staying the sentence.
Notes
New provision in 1995. To the extent consistent with FRAP and applicable statutes, all local procedure in death penalty proceedings are governed by 3d Cir. L.A.R. Misc. 111.0. Technical changes were made in 1997 to conform to the Antiterrorism and Effective Death Penalty Act.