How to Appeal a Capital Punishment Verdict in Texas

Capital punishment is the execution of a convicted criminal by the government for crimes that are considered capital offenses. In Texas, all capital offenses involve murder in some form. Texas has the highest number of executions in the United States.

Difficulty: Moderate

Instructions

Things You'll Need:

• Computer with Internet access

1. Know the process. In Texas, a capital punishment verdict is appealed automatically to the Texas Court of Criminal Appeals.

2. Retain the services of a criminal lawyer specializing in appellate cases and Texas law. Appellate courts are more meticulous than trial courts. They analyze the trial transcripts in detail to determine if any legal or procedural errors occurred during the trial.

3. Take the next step. If the capital punishment verdict is upheld by the Texas Court of Criminal Appeals, have your attorney file a petition for a writ of certiorari from the United States Supreme Court. If there is an issue involving constitutional law, the Supreme Court may agree to hear the case and overturn the conviction.

4. Get further help in getting a capital punishment verdict reversed by contacting the ACLU's Capital Punishment Project (see Resources below).

Tips & Warnings

• Being found guilty of a capital crime in Texas does not automatically mean receiving the death penalty. Death is the maximum sentence for capital offenses, with the minimum being life in prison without the possibility of parole.
• The Texas Court of Criminal Appeals is a court of last resort on the state level. That means that, unlike in some other states in which you can appeal a capital case again and again, the decision made by the Texas Court of Criminal Appeals is final. Texas law differs from federal law in this respect.