Page:A Reporter’s Guide to Applications Pending Before The Supreme Court of the United States.pdf/14

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.

1. Individual is found guilty of a capital offense.
2. In a separate proceeding defendant is sentenced to death either by a jury or a judge.
3. 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.
   1. A direct appeal of the conviction based on the case through the state courts (in some states an appeal is automatic and mandatory).
   2. 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.
   3. 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).
4. 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.
5. Applications for a stay of execution: even if appeals are pending, an application for a stay or