Describe the state court appeals process in a death penalty case

Question

What will be an ideal response?

Answer 1

Most cases are first heard in the state court of appeals. This is usually an automatic direct appeal, and the case will be examined for trial error and to determine if the case is consistent with similar death penalty cases. Most cases are not overturned after this state review. Next, the condemned can petition the U.S. Supreme Court for a writ of certiorari, where they will send a written order to the lower court to send the records for review. Usually, the Supreme Court denies this review, so the stage of postconviction review begins. Here, the defendant will challenge that he or she did not have effective counsel, and new counsel will be appointed by the court. This new attorney can raise questions about the fairness of the trial. If the trial court denies the appeal, it may file again with the state court of appeals. Usually, the state court denies the petition, and the defense counsel then petitions the U.S. Supreme Court again. The third state is known as the federal habeas corpus stage, which is filed in a federal court in the state where the defendant was convicted.