Local Rule LR9.4: Rule Applicable to Death Penalty

LR9.4 Rule Applicable to Death Penalty

(a) Application of Rule. This rule applies to cases filed pursuant to 28 U.S.C. § 2254 and otherwise which challenge a state court's imposition of a sentence of death.

(b) Motion for Stay. A petitioner who seeks a stay of execution shall attach to the petition a copy of each state court opinion and judgment involving the matter to be presented. The petition shall also state whether the same petitioner has previously sought relief arising out of the same matter from this Court or from any other federal court. The reasons for denying relief given by any court that has considered the matter shall also be attached. If reasons for the ruling were not given in a written opinion, a copy of the relevant portions of the transcript may be supplied.

(c) Issuance of Certificate of Probable Cause. If a certificate of probable cause is issued in any such case, the Court will grant a stay of execution to continue until such time as the court of appeals expressly acts with reference to it.

(d) The Petition. The form and content of the petition should follow Rule 2 of the Rules Governing Section 2254 and 2255 Cases in the United States District Courts.

(e) Second or Successive Petitions. A second or successive petition for habeas corpus relief may be dismissed if the court finds that it fails to allege new or different grounds for relief, if the failure of the petitioner to assert those grounds in a prior petition constitutes an abuse of the writ, or if the petition is frivolous and entirely without merit.