No he is not, the appeal process has not even started.............I guess that the first move is to appeal the verdict, then appeal the sentence. I am not sure how it works in America?
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No he is not, the appeal process has not even started.............I guess that the first move is to appeal the verdict, then appeal the sentence. I am not sure how it works in America?
Appeals in the US -
Defense attorney appeals verdict to state circuit court of appeals - depending on the reason given in the appeal (error in the trial, new evidence, unconstitutionality, etc.) it may be investigated in full or in part. If the appellate reason is proven, the conviction is overturned. Otherwise, and only in cases where the death penalty is awarded,
Appeal is automatically forwarded to the State Supreme Court - they investigate the constitutionality of the case, making sure that none of the defendant's rights were infringed upon during the proceedings, and that the death penalty he was awarded 'fits the crime' he was found guilty of committing.
If the verdict isn't overturned at the State Supreme Court level, the defendant then has the option to appeal the the US (federal) court system, starting at the US District Court of Appeals (who investigates just like the state district court), on upwards to the US Supreme Court, who has the option to review the case or not, and has final say in all cases, period. Most convicts don't pursue cases this high up in the appellate process unless they've got a lot of money on their side (read "legal defense fund" - even Michael Jackson couldn't afford to appeal on the federal level without help.)
If the case isn't overturned even after going through all the appeals processes, the convicted still has the right to appeal to the State Governor for clemency - a reduced sentence. The Governor's staff reviews the case, and in some cases the Governor might commute his sentence to life imprisonment, or even pardon him. The former is very rare. The latter, almost nonexistant. All this must be done in a very timely manner, because once the final appeal is lost, the 'countdown clock' to execution begins - usually anywhere from 2 weeks to a month after the final appeal the convict is executed.
Thanks to Mrs. |ce for steering me through all this!
Thank YOU Mr. & Mrs |ce,
I am now much better informed :) Over here we get information through the media, and I do not trust it one bit!.................the other day there was a cute picture of a fox trotting past #10 Downing Street (our prime minister's residence)..........the newspaper referred to it as "he", when anyone with eyesight could tell immediately that it was a vixen! (foxy lady?)
They frequently refer to "automatic revolvers", "9mm revolvers"..............OK I have seen a picture of a prototype of the first (the problem is the loss of pressure when the bullet jumps the gap between the cylinders and the forcing cone?)...........and I have actually fired the latter, but they are rather rare.........it was a French MAB I think. The problem is when you look at the pictures they are standard S&W, Colt and Browning products ;)
Yes it looks like you have a similar hierarchical process of appeal................except that over here the taxpayer would fund it all the way to the top!!!!......it is called "legal aid"...........I actually had my second divorce paid for by the State!...........I was made redundant and did not have a job for a few weeks :D
Thankyou again for the information..........I prefer to get it from people I feel that I "know" and can trust, than just Google it.