Latest News

In U.S. v. Tsethlikai, Cr. 24-539 (DNM) (authorized case), the government filed an opposition to the defense Emergency Motion to Stay Proceedings, see here.

In U.S. v. Pulido, Cr. 25-147 (CDCA), a pre-authorization case with a 10/29/25 DOJ meeting scheduled, defense counsel has filed an Emergency Motion to Stay Proceedings based on the funding delays and government shutdown.  The motion can be found here.

Court grants Motion to Strike the NOI in U.S. v. Merrell, Cr. 20-46 (NDWV), here.

AG Garland DOJ had filed a Notice Not to Seek the Death Penalty in this case in January 2024, but AG Bondi reconsidered the decision and directed a capital prosecution.  The trial court  granted the defense motion to strike the NOI finding the NOI untimely (filed seven months prior to trial, and over five years after the case began could be sustained).

Notice of Intent filed in NDAL case, U.S. v. Marcus Spanevelo, Cr. 23-21, DE 79.  Here.

In U.S. v. Tsethlikai, Cr 24-539 (DNM), counsel have filed an emergency motion to stay proceedings seeking asking that the Court "immediately stay all proceedings until funding for both the CJA and the federal defender’s office is adequately restored."  The Motion can be found here.

The Court in U.S. v. Gendron struck three non-statutory aggravators from the NOI and ordered the government to produce written statements of proposed testimony from victim impact witnesses.  The Court also limited the number of victim impact witnesses for each victim to two, absent particular circumstances.  The Order is here.

Executive order enforcing the death penalty in the District of Columbia directs the Attorney General and the U.S. Attorney for D.C.

We have significantly revised two litigation guides on this website:  Intellectual Disability here and Jury here.

Congratulations to Kristina Leslie who last week was named the new Director of the Federal Capital Trial Project. Kristina joins the project in this leadership role after three years of distinguished service as an attorney with the Capital Resource Counsel side of the project. Kristina earned her capital bona fides in the States of Virginia and Maryland in and with the Federal Defender Office in Greenbelt where she represented clients charged with felony cases, including capital murder. She was a fierce advocate against the death penalty in Virginia’s successful abolition of the death penalty, serving as the President of the Board of Directors for Virginians for Alternatives to the Death Penalty.

Defense in U.S. v. Mangione, Cr. 25-176 (SDNY) challenges constitutionality of the death penalty in his case, moving to dismiss the indictment, and alternatively, strike the NOI, here.