01
Capital Defense
Lead and learned counsel in federal and state capital cases, with emphasis on pretrial motion practice, mitigation development, and penalty-phase litigation.
Capital Defense · Forensic Science · Mental Health
Defending lives,
Defending lives,
for four decades.
Michael N. Burt is a San Francisco trial attorney and certified criminal law specialist whose practice is devoted to the defense of capital, forensic science, and mental health cases — from pretrial motion litigation through appeal, habeas, and Strickland-expert testimony. He has served as learned counsel in multiple capital cases and as Federal Death Penalty Resource Counsel he has assisted and trained capital defense attorneys throughout the United States.
- 40+Years in trial practice
- 50+Cases tried to a jury
- 35Capital trials as lead counsel
- 1985Certified Criminal Law Specialist
A practice built on the most consequential cases.
Mr. Burt represents clients in matters where the stakes are absolute — and where preparation, scientific rigor, and unrelenting advocacy decide the outcome.
02
Forensic Science
Discovery and Daubert/Kelly–Frye challenges to DNA, fingerprint, firearms, and toolmark evidence — including the first successful STR-DNA admissibility challenge in the United States.
03
Mental Health & Intellectual Disability
Atkins and competency litigation; cross-examination of prosecution mental-health experts; presentation of cognitive-functioning and adaptive-behavior evidence.
04
Strickland Expert Witness
Declarations and evidentiary-hearing testimony in federal and state habeas proceedings on the standard of effective representation in capital cases.
05
Federal Death Penalty Resource Counsel
From 2001-2025, providing case-specific consultation to federal defender and CJA-appointed counsel under the Defender Services Division of the Administrative Office of the U.S. Courts.
06
Post-Conviction & Habeas
Lead counsel in §2255 evidentiary hearings and federal habeas litigation, including precedent-setting Ninth Circuit and California Supreme Court matters.
"I have tried over fifty cases to a jury, including nine lengthy capital cases and over a dozen in which the principal charge was murder." Michael N. Burt
A record built on first-chair trial work.
A small selection from more than forty federal and state capital cases. See the full case list →
United States v. Donald Fell
D. Vermont · Capital Murder Retrial
Kidnapping, carjacking, and the murder of two victims. After four years of post-reversal litigation, the government withdrew its notice of intent to seek the death penalty.
Death penalty withdrawn
United States v. Naeem Williams
D. Hawaii · Federal Capital Murder
Child abuse and torture murder of a five-year-old victim on a military reservation. Five-month trial.
Life verdict
United States v. John McCluskey
D. New Mexico · Multiple Capital Murder
Arizona escapee charged with two New Mexico murders. Four-month trial.
Life verdict
United States v. Ronell Wilson
E.D.N.Y. · Capital Retrial
Killing of a New York police detective. Successfully litigated an intellectual-disability claim to prevent the death penalty.
Death penalty barred
United States v. Eric Robert Rudolph
N.D. Alabama · Domestic Terrorism / Capital
Birmingham abortion-clinic, Olympic Park, and other bombings. Negotiated life sentence.
Life sentence negotiated
Andrews v. Davis, 944 F.3d 1092 (9th Cir. 2019) (en banc)
Federal Habeas · Penalty Phase Reversal
Lead counsel in evidentiary hearing originally ordered by the California Supreme Court; subsequently appointed lead counsel in federal habeas, resulting in en banc reversal of the penalty-phase verdict.
Penalty verdict reversed en banc
Contact
When the consequences are absolute.
If you or someone you represent is facing a capital prosecution or a complex post-conviction matter, contact our office for an initial consultation.
1000 Brannan Street, Suite 400 · San Francisco, CA 94103
415-522-1508 · mb@michaelburtlaw.com
