Texas Death Penalty Proceedings: Appointment of and Authority to Pay Counsel is a court order that allows for the court to appoint and authorize legal counsel to represent a defendant in a death penalty case in the state of Texas. This order is issued when a defendant cannot afford to hire an attorney and is unable to receive assistance from the public defender. There are two types of Texas Death Penalty Proceedings: Appointment of and Authority to Pay Counsel. The first type is the Appointment of Counsel. In this type of proceeding, the court will appoint an attorney or attorneys to represent the defendant in the death penalty case. The court may also appoint an investigator, a mitigation specialist, and/or a jury consultant to assist in the defense of the defendant. The second type of Texas Death Penalty Proceedings: Appointment of and Authority to Pay Counsel is the Authority to Pay Counsel. In this type of proceeding, the court will authorize the payment of legal fees and other costs associated with the defense of the defendant. The court will also set a maximum amount that can be paid for the defense. This amount typically is based on the financial resources of the defendant and the estimated cost of the defense.
Texas Death Penalty Proceedings: Appt. of and Authority to Pay Counsel
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FAQ
The direct appeal is an automatic appeal given to everyone sentenced to death. The appeal is made to the state's highest court in which someone can seek an appeal from a conviction and death sentence. In some states, this appeal is mandatory but in others, it is optional for the defendant.
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.
In most states with the death penalty, if the judge imposes the death penalty, then the case is automatically appealed to the state's highest court, thus bypassing the intermediate courts of appeals. ?The major trial courts decided felony cases.
Typically, a state death row inmate may first appeal his conviction and sentence in state court, asserting his innocence or the absence of sufficient evidence. That direct appeal may go all the way to the U.S. Supreme Court but will rarely be granted.
Court of Criminal Appeals After a trial court has decided a criminal case, the State or the defendant may appeal to a higher court. The appeals of all cases in which the death penalty has been assessed come directly to the Court of Criminal Appeals from the trial courts.
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.