Final answer:
A death penalty litigant must exhaust state remedies before filing for a writ of habeas corpus in federal court, adhere to the one-year filing deadline under the Antiterrorism and Effective Death Penalty Act (AEDPA), and show that the state court's decision was contrary to or an unreasonable application of federal law or determined facts unreasonably.
Step-by-step explanation:
Preparation for Filing a Writ of Habeas Corpus in Federal Court by a Death Penalty Litigant
Before a death penalty litigant can file a writ of habeas corpus in federal court, they must exhaust all possible state remedies. This means the litigant must first present their claims through the state court system, including appeals. After the state's highest court has made a decision, or if the time for filing such an appeal has passed, the litigant may then seek federal review. Additionally, under the Antiterrorism and Effective Death Penalty Act (AEDPA), there are strict timelines and criteria that must be met to file a federal habeas corpus petition. The petitioner must file within one year from when their state conviction becomes final. Any claims not raised in the state court will be considered as defaulted unless the petitioner can demonstrate cause for the default and actual prejudice as a result of the alleged violation of federal law, or show that failure to consider the claims will result in a fundamental miscarriage of justice.
Moreover, the prisoner must typically demonstrate that the state court decision was contrary to, or an unreasonable application of, clearly established federal law as determined by the Supreme Court, or that the decision was based on an unreasonable determination of the facts in light of the evidence presented in the state court proceedings. As such, a thorough review and presentation of the case in state court is vital for a proper and effective habeas corpus petition at the federal level.