8
A Reporter's Guide to Applications
The following has been prepared by the U. S. Supreme Court Clerk's Office as a basic guideline for tracking a capital case through the judicial system.
- Individual is found guilty of a capital offense.
- In a separate proceeding defendant is sentenced to death either by a jury or a judge.
- Direct appeal on the merits. Grounds may be any legal or constitutional error arising at the trial. The appeal is limited to the trial record.
- A direct appeal of the conviction based on the case through the state courts (in some states an appeal is automatic and mandatory).
- A direct appeal of the sentence to death. State supreme court, or court of last resort, may conduct a proportionality review to determine whether the sentence is proportionate to sentences imposed in similar cases.
- A petition for certiorari, seeking direct review, filed in the U. S. Supreme Court (the Supreme Court will only hear cases where it believes a substantial federal issue is raised).
- Execution date may be set. The warrant may be issued any time after the state supreme court, or court of last resort, affirms the death sentence.
- Applications for a stay of execution: even if appeals are pending, an application for a stay or