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Thread: DR Appeal Process

  1. #1
    Junior Member Stranger
    Join Date
    Dec 2014
    Location
    Colorado
    Posts
    13

    DR Appeal Process

    Can one of you knowledgeable people explain the appeal process? I know it can vary from state to state, so using Texas would be ideal. These are some of my questions I’m not clear on.

    How many state appeals does an inmate get?
    How many federal appeals does an inmate get?
    I’m assuming all the state appeals must be used up before they go to the federal appeals, correct?
    When I see in some posts, he is out of appeals could get an X-date soon, how do you know that?
    What web sites do you use to find out where an inmate is at on an appeal?

    If this is too time consuming to answer I will understand or if you have a web site that can help explain this, it would be appreciated.

  2. #2
    Jan
    Guest
    1. Death sentence
    2. Direct appeal to the TCCA (Texas court of criminal appeals); this is mandatory.
    3. Appeal of the direct appeal to SCOTUS (supreme court of the US)
    4. 'Writ of habeas corpus' in the TCCA
    5. Appeal to federal district court
    6. Appeal to 5th circuit court
    7. Appeal to SCOTUS

    Usually the state waits until the final appeal was denied by SCOTUS before an execution date is set. The lawyers start last minute appeals on all court levels.
    We have a list for all inmates in Texas which have been denied through at least the 5th circuit court: http://www.cncpunishment.com/forums/...9411#post39411

    You have to check the courts for rulings.
    TCCA: http://www.search.txcourts.gov/docke...spx?coa=coscca (DR appeals have the number 11.071)
    5th circuit court: http://www.ca5.uscourts.gov/electron...rrent-opinions (DR appeals have the number XX-7XXXX)
    SCOTUS: http://www.supremecourt.gov/orders/ordersofthecourt/15
    You can find more infos about appeals here: https://dockets.justia.com/browse/noscat-6/nos-535

  3. #3
    Junior Member Stranger
    Join Date
    Dec 2014
    Location
    Colorado
    Posts
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    Jan, very helpful and informative, thanks for taking the time and including links.

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