United States Public Defender
Resume:
TIMOTHY RICHARD PAYNE
Urbana, Maryland 21704
Cell: 202-***-****
Member of Ohio, Maryland, and District of Columbia Bars
Citizen of the United States
EDUCATION Juris Doctor, May 1985
The Catholic University of America (Columbus School of Law),
Washington, D.C.
Bachelor of Arts in Philosophy, 1982
The Ohio State University, Columbus, Ohio
Academic Honors: Member of Pi Sigma Alpha, National Political Science Honor Society
EXPERIENCE
7/17 – Present Assistant Federal Public Defender
District of Nevada, Capital Habeas Unit
Represented Nevada capitally convicted inmates in federal habeas proceedings in federal district court and, occasionally, in capital post-conviction proceedings in state court. Also provided substantial assistance in lethal injection proceedings in state court in (Scott) Dozier v. State of Nev and substantially assisted in lethal injection proceedings in federal district court in (Zane) Floyd v. Daniels, Warden of NDOC, et al.
9/12 – 7/17 Attorney – Research and Writing Specialist
Federal Defender’s Office, M.D. PA, Capital Habeas Unit
100 Chestnut St., Suite 300
Harrisburg, PA 17101
Represented/ provided assistance to PA death row inmates in federal habeas proceedings in MD Pa, 3rd Circuit Court of Appeals, and US Supreme Court. Drafted habeas petitions, responses, motions including for discovery and evidentiary hearings, appellate briefs, petitions for rehearing, petitions for writ of certiorari, and petition for federal clemency. Conducted investigative work, interviewed witnesses and jurors, and visited clients on death row. Also provided § 2255 assistance on behalf of federal death row inmate.
2/11 – 9/12 Temporary Duty Assigment - Attorney Advisor
Administrative Office of the U.S. Courts,
Office of Defender Services, Legal Policy, and Training Branch
Chiefly provided assistance on Capital Federal Habeas “Needs Assessment” project, assessing training and resource needs of 28 USC section 2254 capital habeas corpus practitioners nationally. Position involved gathering and evaluating data, preparing memoranda, observing training programs, conducting interviews and surveys of trainers, practitioners, and federal judges. Co-authored final report with Jon Gould, Professor in the Dept. of Justice, Law, and Society at American University.
8/06 - 1/11 Assistant Federal Public Defender
Western District of Oklahoma, Capital Habeas Unit
Represented Oklahoma capitally convicted defendants in federal habeas corpus proceedings in District Court, 10th Circuit Court of Appeals, and Supreme Court. Work entailed preparation of habeas petitions, motions, conferences, and hearings practice before federal judges; brief writing and oral argument before Court of Appeals; petitions for writ of certiorari to Supreme Court; and applications and argument for clemency.
Participated as lead attorney in two separate clemency hearings (on behalf of clients Richard T. Smith and Donald Gilson) before Oklahoma Pardons and Parole Board resulting in Board making recommendations for clemency.
Participated as lead attorney in evidentiary hearing regarding Oklahoma’s proposed use of lethal injection, entailing presentation of expert testimony.
Presented briefing and conducted oral argument in four separate cases before Tenth Circuit Court of Appeals.
11/98 – 8/06 Assistant State Public Defender
Office of the Ohio Public Defender
Death Penalty Division, Federal Habeas Section
Represented Ohio death row inmates in federal habeas corpus proceedings. Prepared pleadings including petitions, traverses, motions, appellate briefs, and petitions for writ of certiorari. Conducted oral argument before 6th Circuit Court of Appeals. Prepared applications and presented oral argument for clemency. Experience gained in federal habeas practice and procedure, criminal law and procedure, state appellate procedure, and in identifying constitutional claims based on trial court record or evidence obtained beyond the record. Of note:
Presented appellate briefing and conducted oral argument in Madrigal v. Bagley, 413 F.3d 548 (6th Cir. 2005), in which Sixth Circuit Court of Appeals vacated capital conviction based on Sixth Amendment Confrontation Clause violation.
Integral role as former lead counsel in developing and preparing clemency case (inter alia, uniting victim’s family members who were also client’s family members) on behalf of client Jeffrey Hill which contributed to February 2009 grant of clemency with possibility of parole. Mr. Hill is now a free man living in Cincinnati, Ohio.
Co-counsel in case of David Steffen in which request and grant of DNA testing during federal habeas proceedings led to invalidation of rape aggravator (rape actually committed by employee at Hamilton County, Ohio morgue) and dismissal of death penalty.
8/88 – 10/98 Senior Trial Attorney
United States Department of Justice, Washington, D.C.
Civil Rights Division, Special Litigation Section
Enforced Civil Rights of Institutionalized Persons Act, 42 USC 1997 et seq, protecting federal rights of persons confined in state or local government correctional facilities or institutions for the mentally ill or developmentally disabled. Responsibilities included preparation of in-house “justification memos” recommending initiation of official DOJ investigations into conditions of confinement at given institutions; participation in evidentiary hearings in federal district courts; discovery and motions practice; negotiations with local government officials; and investigative work including facility tours, witness interviews and utilization of nationally recognized experts in various fields.
Member of United States Attorney General’s Task Force, investigating conditions of confinement in eighteen (18) Mississippi jails.
U.S. DOJ Awards
· Special Achievement Award: 1997, 1996, 1994 & 1991
· Volunteer Service Award: 1998, 1996, 1994 & 1993
· US DOJ Points of Light Nat’l Celebration of Community Service Award: 1991
5/86 – 7/88 Jones, Day Reavis & Pogue, Washington, DC, Staff Attorney: Worked in litigation division of private firm; duties consisted of legal research, legal writing, internal memo writing, assisting with pleadings and motions, extensive document review and general discovery work.
5/85 – 5/86 Beckett, Cromwell & Myers, P.A., Bethesda, MD, Law Clerk: Worked primarily in area of medical malpractice; duties consisted of legal research, writing drafting of pleadings, and investigative work.
1/83 – 9/85 Law Offices of Terrell N. Roberts, Langley Park, MD, Law Clerk: Worked for general practitioner with emphasis in criminal defense; duties included legal research and writing, pleadings preparation, investigative work, and court appearances.
PROFESSIONAL
DEVELOPMENT
Attendance at various training seminars, including:
April 2012 National Seminar on the Development and
Integration of Mitigation Evidence, Atlanta, GA
Sept 2011 Habeas Institute Skills Workshop, UMKC Law School, Kansas City, MO
Aug 2011 National Capital Habeas Seminar, Charlotte, NC
July 2011 Capital Habeas Corpus Workshop for US District
Judges, San Francisco CA
June 2011 Supreme Court Practice Clinic, NYU Law School,
NY, NY
April 2011 National Seminar on Development and Integration of
Mitigation Evidence, Chicago, ILL
June 2010 Supreme Court Practice Clinic, NYU Law School,
NY, NY
Aug 2009 Nat’l Capital Habeas Seminar, Pittsburgh, PA
Sept 2007 Habeas Persuasion Institute, Cornell Law School
Ithaca, NY
Aug 2005 Nat’l Capital Habeas Seminar, Pittsburgh, PA
May 2004 Nat’l Seminar on Mental Illness/Criminal Justice
April 2004 Advanced Legal Writing with Bryan Garner
November 2003 OACDL OH Death Penalty Seminar
Aug 2000 National Capital Habeas Seminar, Nashville, TN
Aug 1999 Nat’l Capital Habeas Seminar, Atlanta, GA
SSuccessfully completed two-week intensive trial techniques course administered by the Attorney General’s Trial Advocacy Institute, US Dept of Justice, in approximately 1991. Also, from 1989 to 1994, attended and participated in witness examination and discovery techniques courses.
Contact this candidate