How to Appeal a Capital Punishment Verdict in Virginia

Virginia sentences a convicted defendant to capital punishment only for certain types of murder. Follow these steps to appeal the verdict.

Instructions

Difficulty: Moderately Challenging

Things You’ll Need:

• Computer with Internet access

1. Know that a capital punishment verdict in Virginia is automatically appealed to the Virginia State Supreme Court.
2. Retain the services of a criminal lawyer specializing in appellate cases. Know that if you are unable to afford a lawyer, the courts are obligated to appoint one to you free of charge.
3. Heed the 21-Day Rule. After 21 days have elapsed from the date that the original verdict was issued, no new evidence may be admitted into any Virginia appeals court, only evidence that was presented in the original trial.
4. Understand the contemporaneous objection rule. A lawyer cannot object to anything on appeal if he or she did not raise the objection in the original trial.
5. File a state habeas corpus petition. This is a civil lawsuit against the court, challenging its capital punishment verdict as unconstitutional.
6. Exercise your options. If the capital punishment verdict is upheld by the Virginia State Supreme Court, petition the United States Supreme Court for a writ of certiorari. Keep in mind that the Supreme Court usually only hears cases that involve issues of the constitutional law.
7. For help in appealing your capital punishment sentence, contact the ACLU about their Capital Punishment Project (see Resources below).

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