04-24-2013, 09:26 PM
(04-24-2013, 12:18 PM)heartbreaker6713 Wrote: I apologize that i wasn't more clear. I was aware that there is an automatic appeal process. I guess what i am not clear on or don't understand is that since there is an automatic appeal process, does that mean she is automatically granted that appeal or does there need to be a reason. Meaning does she get a new trial, i guess not because that would mean every person gets two trials on death row. How does that work? can someone explain that process possibly in an easy way?
You're right, the automatic appeal process in no way implies that the death penalty convict will get another trial; rarely happens.
Here are the processes available to those sentenced to death in the state of Arizona.
I. Appeals Process
Death penalty cases are automatically appealed to the Arizona Supreme Court. Prior to the enactment of Arizona’s new death penalty sentencing statute, the Court independently reviewed the propriety of the death sentence. Under the new statute, the Arizona Supreme Court reviews the conviction and sentence for error, but does not independently determine whether to impose a death sentence.
To the extent that the ruling of the Arizona Supreme Court addresses a federal constitutional issue, either of the parties can appeal a decision of that court directly to the United States Supreme Court by petitioning for a writ of certiorari.
II. Post-Conviction Relief
Immediately following the final conclusion of the direct appeal to the Arizona Supreme Court, post-conviction relief (PCR) proceedings are initiated in the trial court. Post-conviction relief proceedings allow the defendant to raise claims relating primarily to whether: (1) trial counsel provided effective representation during the trial and sentencing hearing; (2) there is “newly-discovered” evidence that would have changed the verdict or sentence had it been presented at the time of trial; and (3) a change in the law that applies retroactively would probably change the conviction or sentence. The trial court’s decision on the post-conviction relief claims can be appealed to the Arizona Supreme Court by either party, and the parties may file a petition for writ of certiorari requesting the United States Supreme Court to review the decision of the Arizona Supreme Court.
III. Federal Habeas Corpus
Under 28 U.S.C. § 2254, a state prisoner may seek relief in federal district court on claims that his federal constitutional rights were violated at trial or at sentencing. A federal constitutional claim may only be raised in federal court if it has first been raised in a procedurally appropriate manner in state court. During the federal habeas corpus proceeding, the federal court decides if the state court ruling conflicts with controlling United States Supreme Court authority.