Final answer:
Before filing a writ of habeas corpus in federal court, a death penalty litigant must exhaust all state court remedies, including appeals and state post-conviction relief processes. They can only seek federal habeas review if the state courts do not grant relief on constitutional issues.
Step-by-step explanation:
A death penalty litigant must first exhaust all state remedies before filing a writ of habeas corpus in federal court. This means that the individual must have gone through all possible appeals in the state court system, including any state post-conviction relief, before they can seek federal habeas relief. This is derived from the principle that federal courts do not interfere with state court matters until the state courts have had a full opportunity to address the constitutional issues. For example, if a person has been sentenced to the death penalty, they must appeal through the state court system, and only if those appeals are unsuccessful, or the state courts do not grant relief on constitutional grounds, can the person seek a federal writ of habeas corpus.
Furthermore, if any new evidence or claims arise after the state court process, those claims must typically be presented back to the state courts first. Only when the state courts reject those claims or refuse to hear them does the path clear for federal habeas corpus consideration.