Interesting Empirical Study of Federal Habeas Proceedings:
Habeas Litigation in the U.S. District Courts, by Nancy King, Fred Cheesman, Brian Ostrom. The full report is here, as a 127- page .pdf file. Some representative findings:
UPDATE: I have added the link to the full report.
Capital cases were filed an average of 7.4 years following state judgment.Thanks to Legal Theory Blog for the link to the summary, and to Paul Weisser for the link to the full report.
• Non-capital cases averaged 6.3 years before filing, longer than the average 5 years before AEDPA.
• Of capital cases, 4% were dismissed as time-barred under AEDPA's statute of limitations, compared to 22% of non-capital cases.
• Non-capital cases have averaged 11.5 months in federal court, capital cases have averaged 3.1 years so far (1 in 4 capital cases was still pending in late November 2006).
• Of 1986 non-capital cases completed other than by transfer to another district, only 7 received relief. Courts granted the writ in 33 of the 267 completed capital cases.
• The location of the case had a significant relationship to both processing time and likelihood of relief, after controlling for case-level factors.
UPDATE: I have added the link to the full report.