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S.D. Ohio Crim. R. 57.2

Procedures in Death Penalty Cases

activein force · 2024-10-21 – presentact-effective-date

(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.

Provenance

Source
www.ohsd.uscourts.gov
Retrieved
2026-09-18
Edition
fed-district-2026-09-18
Content hash
75cc38ae199ae7bebeb5b9f4f9c67a0562cc789bd635bb200c77624192ff8f6b
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