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Timothy J. Foley is a criminal defense attorney, specializing in the defense of capital crimes. From 2004 to 2012 he was an Assistant Federal Defender with the Capital Habeas Unit of the Office of the Federal Defender for the Eastern District of California, located in Sacramento. Previous to his appointment as an AFD, Mr. Foley was in private practice in San Francisco, specializing in criminal defense with a particular emphasis in capital cases. He was a staff attorney with the California Appellate Project from 1985 to 1990. He has represented capitally-charged individuals at all levels, in state and federal courts, in a number of different states, from trial through appeal through habeas corpus through clemency. As an appellate advocate, Mr. Foley has represented death row prisoners before the United States Supreme Court, the California Supreme Court, and the Ninth Circuit Court of Appeals. In addition to death penalty cases, Mr. Foley has experience in misdemeanor and felony trials, appeals, and habeas corpus proceedings.
Mr. Foley, a cum laude graduate of Harvard Law School, is also active in teaching, both as a law school instructor and as a speaker at conferences and training sessions. In addition to Boalt Hall, he has taught classes at a number of other law schools, including King Hall (U.C. Davis) School of Law, the University of San Francisco School of Law, and Hastings College of the Law. He frequently gives presentations at conferences throughout the country. He was the editor of CACJ Forum magazine from 2001 to 2003. His numerous articles on death penalty, habeas corpus, and criminal defense topics have appeared in many publications.
Publications (partial list) include: "The Statute of Limitations for Federal Petitions for Habeas Corpus Filed by State Prisoners: A Brief Primer," California Criminal Defense Practice Reporter, Vol. 2007, No. 7, p. 295; "Confrontation and Erosion: The Dying Declaration and Forfeiture by Wrongdoing Exceptions to the Crawford Doctrine," California Criminal Defense Practice Reporter, Vol. 2006, No. 4, p. 131; "Feticide and Murder: A Review of California Law Regarding the Application of Homicide Statutes to the Unborn," California Criminal Defense Practice Reporter, Vol. 2005, No. 10, p. 583; "Whither the 'Kill Zone'?: New Developments in the Conceptualization of Intent in Attempted Murder Prosecutions," California Criminal Defense Practice Reporter, Vol. 2004, No. 3, p. 103; "Trials of the Century: Lizzie Borden: A Sudden Acquittal, Two Unsolved Murders", San Francisco Daily Journal, Nov. 24, 1995, p. 4; "The New Arbitrariness: Procedural Default of Federal Habeas Corpus Claims in Capital Cases," 23 Loyola of Los Angeles Law Review 193 (1989).
Published decisions involving Mr. Foley as counsel of record (partial list) include: Williams v. Woodford, 859 F.Supp.2d 1154 (E.D. Cal. 2012); Chaffer v. Prosper, 592 F.3d 1046 (9th Cir. 2010); People v. Wilson, 36 Cal.4th 309 (2005); People v. Roldan, 35 Cal.4th 646 (2005); In re Visciotti, 14 Cal.4th 325 (1996); Clark v. Lewis, 1 F.3d 814 (9th Cir. 1993).