Texas Death Penalty Proceedings: Appointment of and Authority to Pay Court-Appointed Counsel are proceedings in which a court or court-appointed attorney is authorized to represent a defendant in a death penalty case. There are two types of proceedings: Appointment of and Authority to Pay Court-Appointed Counsel. The Appointment of Court-Appointed Counsel is the process in which a court or court-appointed attorney is appointed to represent a defendant in a death penalty case. The court will consider the financial resources of the defendant and the seriousness of the charges to determine whether the defendant is eligible for court-appointed counsel. The court will also consider the qualifications and experience of the proposed court-appointed attorney to ensure they can provide competent representation. The Authority to Pay Court-Appointed Counsel is the process in which the court or court-appointed counsel is authorized to receive payment for their services in representing the defendant in a death penalty case. The court will consider the financial resources of the defendant and the seriousness of the charges to determine the amount of payment for the court-appointed counsel. The court will also consider the qualifications and experience of the proposed court-appointed attorney to ensure they are adequately compensated for their representation.
Texas Death Penalty Proceedings: Appointment of and Authority to Pay Court-Appointed Counsel
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FAQ
Appealing a Death Penalty Sentence in State Court These include post-trial motions for acquittal, asking for a reduction in the sentence, motions for a mistrial, and requesting a new trial. If none of these actions result in a change in sentencing, the next step is a direct appeal. A direct appeal is not a new trial.
Petitions are first filed with the original trial judge, then appealed to any intermediate courts (when applicable), and then finally to the state's highest court. At this stage, the defendant may raise issues surrounding the conviction and sentence that are outside of the record.
On direct appeal, the cost of appellate defense averages $100,000 more in death penalty cases, than in non-death penalty murder cases. Personal restraint petitions filed in death penalty cases on average cost an additional $137,000 in public defense costs.
In the vast majority of cases, the Supreme Court refuses to review the case and denies, with a short written order, the defendant's petition for writ of certiorari. At this point, the defendant's direct appeal is complete. A defendant sentenced to death is also entitled to seek state habeas corpus review.
Measuring from date of death sentence, it took a median 966 days to complete direct appeal. Petitioning the U.S. Supreme Court added 188 days where certiorari was denied, and a median 250 days where certiorari was granted and the issues were decided on the merits.
Death penalty cases go through a longer appellate process because they involve more steps and trips to the courthouse than the average felony conviction. In theory, all cases can avail themselves of every step, but in practice, most non-death cases stop somewhere along the way.