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  1. #1
    Member Newbie NanduDas's Avatar
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    Wazzuuuup

    Hey everyone, this is a couple of months late, but I just found out about the introduction section. My name is Anand, Iím an almost 23 year old from California, and Iíve found capital punishment to be an interesting subject for as long as I can remember. I was pretty excited to find a board dedicated to tracking death penalty cases across the states, and Iím delighted to see that there are so many as interested in this subject (often more interested) than I am. Thanks for having me!

    Question for the more seasoned members: How can you tell when an inmate has exhausted all their appeals? Seems to me like they have a varying number of attempts at post conviction relief.

  2. #2
    Administrator Aaron's Avatar
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    To answer your question, when federal appeals are exhausted.

    I'll use the process in Texas as an example:

    Direct appeal to the TCCA, followed by denial of certiorari by SCOTUS.

    State habeas denied by the TCCA, cert denied by SCOTUS.

    Federal habeas denied in District Court, then the 5th Circuit, then cert denied by SCOTUS. Appeals exhausted.
    "What a noble group of supporters." - Fort Bend County District Attorney John Healey

  3. #3
    Member Newbie NanduDas's Avatar
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    Thanks for the reply Aaron. Do they have to place all of their claims in one habeas petition, or can they say, for example:

    Petition 1. Low IQ
    Petition 2. Unconstitutional method
    Petition 3. Bad lawyering

  4. #4
    Administrator Aaron's Avatar
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    Generally speaking, you are allowed one habeas petition. If you were to pursue the Low IQ claim, and THEN bad lawyering, the latter would likely be dismissed as successive.

    If a claim could have been raised in the first petition, or a reasonable time frame in the past, a second petition is successive. Successive petitions are only accepted in extraordinary circumstances.

    Many stay of execution appeals are deemed to be successive.
    "What a noble group of supporters." - Fort Bend County District Attorney John Healey

  5. #5
    Member Newbie NanduDas's Avatar
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    Great! That clears everything up.

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