Local Rule 9.2: Capital Habeas Corpus Cases
M.D. Ala. — Civil rule
Local Rule 9.2 Capital Habeas Corpus Cases
(a) In order to provide for a comprehensive and organized record for a capital habeas proceeding, and to avoid duplication by the parties, the following is required:
(1) The entire record of the case shall be filed with the Clerk of the Court at a time to be designated by the Court.
(2) The petitioner shall be the party responsible for filing the record, unless the parties agree that the respondent will file the record.
(3) The record shall be divided into volumes each consisting of approximately two hundred pages. Each volume shall be numbered and have a cover that includes the case name, the case number, and a designation of what category of documents, as described below, is contained in the volume. See sample volume covers in the forms.
(4) The record shall be assembled in the following order and shall be separated by tabs according to the following categories:
(a) State Court – Trial. This section shall include the trial transcript and the circuit clerk's record from the trial proceeding.
(b) Alabama Court of Criminal Appeals -- Direct Appeal. This section shall include the direct appeal briefs filed by both parties with the Alabama Court of Criminal Appeals and the opinion(s) from the Alabama Court of Criminal Appeals.
(c) Alabama Supreme Court – Direct Appeal This section shall include the direct appeal briefs filed by both parties with the Alabama Supreme Court and the opinion(s) from the Alabama Supreme Court.
(d) United States Supreme Court – Direct Appeal. This section shall include the pleadings filed by both parties with the United States Supreme Court and the decision(s) from the United States Supreme Court.
(e) State Court – Collateral Appeal. This section shall include the post-conviction hearing transcript and the circuit clerk's record from the Rule 32 proceedings with the trial Court.
(f) Alabama Court of Criminal Appeals -- Collateral Appeal. This section shall include the post-conviction appeal briefs filed by both parties with the Alabama Court of Criminal Appeals and the opinion(s) from the Alabama Court of Criminal Appeals.
(g) Alabama Supreme Court – Collateral Appeal. This section shall include the post-conviction appeal briefs filed by both parties with the Alabama Supreme Court and the opinion(s) from the Alabama Supreme Court.
(h) United States Supreme Court – Collateral Appeal. This section shall include the pleadings filed by both parties with the United States Supreme Court and the decision(s) from the United States Supreme Court.
(5) A separate index of the record shall be prepared which identifies each volume of the record, the category of the proceedings contained in the volume, and the general content of the record contained in the volume, including number of pages. For example, the index will read: Volume 1, Circuit Court – Trial, clerk's record pages 1-175; and Volume 2, Circuit Court – Trial, trial transcript pages 1-200. The index shall be served on the opposing party. See attached sample index.
(6) In referencing this record in any pleadings or briefs filed in this case, the parties shall make specific reference by tab number, volume number and page number.