i'm curious as to what happens next when a DP's last appeal was denied. im wondering about what other options exist (this was the final appeal) and the DP is grandfathered in under the old law. just wondering how much time we have left and what to expect.

i'd be happy to give additional info

There is no real time frame I can give you. What will happen next is the paper work will find its way to the state Governor and he/she will sign the death warrant and issue a 'date'. The inmates lawyers will begin, or should begin, in working overtime in filing last minute requests with the governors office and/or with the high court should it be a case the USSC is willing to hear.

In addition, the signing of a death warrant and issuance of date could take time if there is a case pending with the USSC that could have an effect on the inmates legal case.

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In most jurisdictions death sentences are automatically reviewed by the highest state court. Following affirmance on a state level one can then file for habeas corpus relief in the federal district court. If denied at that level an appeal may be taken to the federal circuit court of appeals, and if upheld there a petition for certiorari can be filed with the U.S. Supreme Court.

Being that death sentences result from trials versus pleas, in most instances there exists one or more arguable legal claims not presented on direct appeal and therefore absent from federal proceedings. Accordingly, oftentimes the inmate may then begin the entire appeals process over by filing for a writ of error coram nobis in the trial court. In other words, in most cases a capital conviction and death sentence can be litigated for many years before both the state and federal courts.

You state the DP was "grandfathered" under the old law. If that is to mean that the subject state once had the death penalty but no longer does, highly unlikely is that a death warrant would ever be signed.

Finally, inasmuch as almost all states now execute by lethal injection, being that lethal injection ****tails and procedures are now under review by the U.S. Supreme Court in claims alleging cruel and inhumane punisment violative of the 8th Amendment, probable is that any scheduled executions will be stayed pending final resolution of those arguments.

thanks for the info...when i said the old law, from what i've learned, the laws have changed since the early 80s that don't allow for as many appeals. he was convicted before this law took place so he was allowed to appeal for several different reasons/different times. i'm told that this was his last appeal. he's been on DR longer than most in texas. you said that its unlikely that a death warrant would be issued. he is still on DR and his last appeal was denied.

i know that lethal injection is under review. what do you think the timeline is for a decision on that matter? i'm just trying to find out how long he has....whats the usual process for when the "date" is set. and once it is set, is it a year out? more or less than that?

thanks again

Texas is the true renegade state when it comes to executions; it doesn't give a damn about what the federal courts are considering. In the event a death warrant is signed and execution scheduled while the constitutionality is under review by the USSC, likely is that it would stay execution pending its forthcoming decision, just as it did two weeks ago in the Schwab case in Florida.

The DP cases before the SC are being fastracked. I and other observers anticipate a decision sometime in January or February.

We are now dealing with the most conservative Court ever. Accordingly I cannot hold out much hope that lethal injection procedures now being employed will be declared unconstitutional. I do, however, anticipate the Court will set forth procedures to be followed by all states, in which event likely is that a number of states will have to change their entire method of execution before being permitted to carry out another.

Prison,

I disagree with you. When The USSC was reviewing Roper Vs Simmons, The state halted all exceutions for those that fell under that ruling, and dates for those inmates were suspended indefinitely, UNTIL the RULING on that CASE.

Once the RULING came down, those inmates received new sentences.


In addition, now the High Court is reviewing Texas Vs Medellin, again those who fall under this have had dates suspended pending the decision of this case.

The state has no choice. They can not execute someone if it is deemed unconstitutional from the High Court. When cases being reviewed are related to DP Cases, they have no choice.

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TX was the renegade state on Executions, on this issue they are pushed against the wall finally ,,,,,

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That you disagree with me is fine, but I'd encourage you to look at the facts.

First of all, the USSC has not yet decided the lethal injection cases before it. Consequently there is no high court decision deeming the various states' lethal injection procedures unconstitutional. That being, today the states remain free to execute by lethal injection and will remain free to do so unless and until the high court finds the chemical components and procedures unconstitutional. Indeed the Florida case of convicted child molester/killer Mark Dean Schwab shows as much. Following expiration of the moratorium imposed behind the botched execution of Angel Diaz, Governor Crist moved quickly to sign his death warant. The case then went before the Florida Court of Appeals which found Florida's recently-revised execution procedures lawful, thus permitting Schwab's execution to move forward. The Florida Supreme Court then affirmed the Court of Appeals' decision on November 7th. Several days later a federal district court then stayed his execution because of the cases before the USSC. That decision was propmptly reversed by the 11th Circuit Court of Appeals, thereby again permitting the execution to take place. It was then the USSC itself that finally stayed his execution pending its decisions in the several lethal injection cases now before it. In other words then, while scheduled executions are indeed now being stayed, there is nothing preventing the states from moving forward with them until a stay is granted.

To the best of my knowledge the Governor of Texas has not issued a blanket moratorium on all executions. Thus, the only process by which to halt those scheduled is by securing stays in each individual case.

A recent and very good article onthis issue can be found at Execution "moratorium" takes hold - Boston.com