Habeas corpus: Death penalty

Federal civil · Prisoner Petitions · 6,388 cases filed and closed (1988–present).

6,388

Cases filed

76.5%

Ended before a merits judgment

4,889 of 6,388 cases

8.9%

Plaintiff win

of 1,499 merits judgments

77.3%

Defendant win

of merits judgments

Most cases never reach a ruling on the merits. Of 6,388 filed, 76.5% closed without one — settled, dismissed, transferred, or remanded. The win rates above describe only the 1,499 that a judge actually decided.

How they closed

Dismissed57.9%
Defendant win18.1%
Other10.9%
Settled3%
Transferred2.9%
Decided — other2.8%
Plaintiff win2.1%
Affirmed1%
Remanded0.8%
Mixed0.4%
Denied0.1%

Where you file matters

The same claim resolves differently across districts. Plaintiff-win rate among merits judgments, busiest courts first.

Read the law behind habeas corpus: death penalty

Source: FJC Integrated Database (public domain), via CourtListener — federal civil cases filed and terminated, 1988–present. Figures are descriptive statistics about how cases of a given type have closed in a given court. They describe the historical record — not a prediction or assessment of any specific case. Not legal advice.