Local Rule 57.2: Procedures in Death Penalty Cases

57.2 Procedures in Death Penalty Cases

(a) Application. This Rule applies to cases filed pursuant to 28 U.S.C. § 2254 and cases that challenge a state-court order imposing a sentence of death.

(b) Petitioner's Statement. Whenever such a case is filed in this Court, the petitioner shall file with the petition a statement certifying the existence of a sentence of death, any date of execution set by the Ohio Supreme Court, any previous cases filed by the petitioner in federal court, and any cases filed by the petitioner pending in any other court. The petitioner may use United States Court of Appeals for the Sixth Circuit Form 6CA-99 or the equivalent of that form for the statement.

(c) Duty of Clerk. The Clerk shall immediately forward to the Clerk of the Court of Appeals a copy of the petitioner's statement as required by subsection (b) and immediately shall notify the Clerk of the Court of Appeals upon issuance of a final order in the case.

(d) Motion for Stay. A petitioner who seeks a stay of execution shall attach to the petition a citation to each state-court opinion available in an online database or, if not available online, a copy of each state-court opinion and judgment involving the matter to be presented. The petition shall also state whether or not 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 attached.

(e) Issues Not Raised or Exhausted in State Courts. If any issue is raised that was not raised or fully exhausted in state court, the petition shall state the reasons why such action has not been taken.

(f) Rulings on Issues. This Court's opinion in any such action shall separately state each issue raised by the petition and will rule expressly on each issue, stating the reasons for each ruling made.

(g) Issuance of Certificate of Appealability. If a certificate of appealability is issued in any such case, the Court will also grant a stay of execution to continue until such time as the Court of Appeals expressly acts with reference to the certificate of appealability.

(h) Assignment of Judge. If the same petitioner has previously filed in this Court an application to stay enforcement of a state-court judgment or for habeas corpus relief, the case shall be assigned to the judge who considered the prior matter.