How Does the Death Penalty Appeals Process Work?

Capital punishment is the most severe criminal penalty. Lawmakers reserve it for the most serious of crimes, such as murder and treason. It should come as no surprise, then, that capital defendants who receive the death penalty have a right to appeal the jury or trial court’s decision.

The death penalty appeals process is different from traditional criminal appeals. A death row inmate can file an appeal at different stages of their case. In this article, we will explain the death penalty appeals process, including a brief history of capital punishment in the United States. We will also discuss the differences between appealing a death penalty sentence in state court and in federal court.

If you or a family member is facing charges for a capital crime, it’s critical that you meet with an experienced criminal defense attorney familiar with appellate procedures. There is no other time when retaining a defense lawyer is more important than when your life is on the line.

Capital Punishment in the United States

The death penalty has a long history in the United States. At one point, almost every state had it as a punishment option. However, since the start of the 20th century, the United States Supreme Court has restricted the use of the death penalty. Likewise, a majority of state governments have either abolished it, declared moratoriums on executions, or simply abandoned the practice altogether.

Advocates claim that capital punishment deters violent crime. The research data, however, is mixed. Opponents argue that execution is immoral and argue for life imprisonment instead.

Despite its decline in usage, some states still sentence people to death and execute them. Even in states that have capital punishment, very few people are put to death. The path from a capital murder conviction to execution is long and rife with many opportunities for the prisoner to appeal their death sentence.

Types of Appeals in a Death Penalty Case

There are different types of appeals a person can file if they’ve received a sentence of death. The type of appeal filed depends on several factors, such as the basis for the appeal and the stage of the appeals process.

The main types of appeals in death penalty cases include direct appeals, state habeas corpus proceedings, and federal habeas corpus proceedings. Let’s examine each one.

Direct Appeal

All defendants sentenced to death are entitled to an automatic review of their case. This is referred to as a “direct appeal” because the review almost always goes to the state’s highest court, bypassing the other courts.

At the direct appeal, you can only raise issues about things that occurred during the trial. For example, if you believe the judge admitted evidence that they should have excluded, the time to raise this issue is on direct appeal. At this level, your attorney can ask the court to overturn your conviction, grant a retrial, or offer a resentencing hearing.

Post-Conviction Review

If a direct appeal doesn’t work, the next step is filing a habeas corpus petition with your state court, the highest court of appeal in your jurisdiction. This type of post-conviction review allows you to raise issues other than what happened at trial.

Some of the most common issues raised at this level include:

• Ineffective assistance of counsel
• Juror misconduct
• New evidence that came to light after your trial was over
• The prosecution failed to share exculpatory evidence with your defense team

Other issues may apply.

Federal Habeas Corpus Proceedings

Federal law requires that you exhaust all options at the state level before you pursue a federal appeal. You would first file a habeas corpus petition with the United States District Court. If your appeal is not successful, you can pursue a review with the United States Court of Appeals.

This is the last level of review before the U.S. Supreme Court. Since the Supreme Court doesn’t agree to review many death penalty cases, your best chance of winning an appeal is at the federal court level.

Just as with a state habeas proceeding, a federal habeas corpus hearing allows you to raise issues beyond what occurred at the trial level. When you file your case with the Circuit Court of Appeals, you can only argue that the district court’s decision was wrong or unfair. The federal appellate judge will not entertain issues you didn’t raise with the lower courts.

Appealing a Death Penalty Sentence in State Court

Where you file your appeal depends on whether you were sentenced by a state court or a federal court. If you wish to appeal your conviction or sentence in state court, your defense team has several options. These include:

• Post-trial motions for acquittal
• Requesting a reduced sentence
• Filing a motion for a mistrial
• Requesting a new trial

If none of these actions are successful, your next option is to file a direct appeal. A direct appeal is not a new trial. Your criminal defense attorney cannot submit any new evidence. The only issue the appellate judge considers is whether the lower court made the right decision in your criminal case.

Depending on where you live, you will file your first appeal in your state’s appellate court. If the appellate judge doesn’t rule in your favor, your attorney can appeal to the state’s highest court to hear the case. In some states, the highest court has no choice but to review every case involving a death sentence. In other states, the court has discretion as to whether it wants to hear your case.

Appealing a Death Penalty Sentence in Federal Court

Once all avenues at the state level have been exhausted, an appellant can appeal their case at the federal level. They do this by filing a writ of habeas corpus in a federal district court.

The reason appellants cannot take their cases directly to federal court is that the judicial system gives state courts an opportunity to correct any mistakes they may have made. Your defense team must raise all issues of defective processes or rights violations in state court. If they fail to do so, they will be barred from pursuing federal court proceedings. If a defendant loses their appeal in the federal district court, they can file a petition for a writ of certiorari with the federal appellate court.

Can You File an Appeal With the United States Supreme Court?

In the movies, it’s common to see a death row inmate appealing their conviction or sentence to the U.S. Supreme Court. In the real world, the Supreme Court rarely agrees to review a case, even one involving a death sentence.

There are situations in which your defense attorney can ask the Supreme Court to review their client’s case for alleged violations of their constitutional rights. Your defense team can also bring up issues outside the trial record, such as:

• Ineffective assistance of counsel
• Juror misconduct
• Newly discovered evidence
• Brady violations (claims that the prosecution failed to disclose exculpatory evidence that would have been favorable to the defense)

Due to the different types of appeals and the exhaustion of all options at both the state and federal levels, capital punishment cases can take decades to work their way through the criminal justice system.

Can You Apply for Relief Outside of the Criminal Justice System?

In certain situations, a death row inmate can find relief outside of the appellate process, such as filing a petition for executive clemency. In these cases, death row prisoners appeal to their state’s Governor or to the president to commute their sentence due to an unfair sentence, severe injustices, or other grounds for a pardon or clemency.

In some death penalty cases, an individual may ask a governor or the president to show mercy on them for rehabilitating themselves. Whether the person receives clemency depends on several factors, which include:

• The facts of their case
• Whether the laws have changed since their conviction
• Remorse and rehabilitation on the part of the death row inmate
• Whether the Governor is trying to gain favor for political reasons

Requesting clemency is not easy. There are only a handful of criminal defense lawyers who are familiar with the process. Be careful when choosing an attorney to handle your case.

Get Legal Help With Your Criminal Case or Appellate Process

The death penalty appeals process is slow, but it ensures that an appellant is given every opportunity to make their case. If you need legal help with your capital case or criminal appeal, contact a criminal defense attorney.