Appellate and post-conviction remedies in death cases

Following the return of a death sentence in a capital trial, the death-sentenced inmate may pursue three appeals. The first, known as direct appeal, raises so-called record-based claims in state court. The second, the state habeas corpus proceeding, raises non-record-based claims in state court. The...

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Bibliographic Details
Main Author: Dow, David R. 1959- (Author)
Format: Print Article
Language:English
Published: 2024
In: The Elgar companion to capital punishment and society
Year: 2024, Pages: 129-142
Online Access: Volltext (lizenzpflichtig)
Check availability: HBZ Gateway
Keywords:
Habeas Corpus
Direct appeal
AEDPA
Procedural default
Exhaustion
Statute of limitations
Description
Summary:Following the return of a death sentence in a capital trial, the death-sentenced inmate may pursue three appeals. The first, known as direct appeal, raises so-called record-based claims in state court. The second, the state habeas corpus proceeding, raises non-record-based claims in state court. The third, the federal habeas corpus proceeding, raises both record and non-record-based claims in federal court. For reasons owing to both constitutional structure and attorney competence, federal habeas proceedings were the venue where most death row inmates obtained relief in the period from 1976 until 1995. Since 1996, for doctrinal and statutory reasons, increasingly few inmates obtain relief in federal habeas proceedings. This chapter explains the process in each of the three appellate phases, and presents new data, covering the period from 2000 to 2020, quantifying the frequency of relief for death row inmates in Texas.
Item Description:Literaturverzeichnis: Seite 140-142
ISBN:9781803929149
DOI:10.4337/9781803929156.00017