Rickey's Case Updates
The Appeals Process in Texas
The basic operation of the capital punishment system in Texas begins with the crime, and then includes a trial, incarceration, an appeals process and some final appeals. Below details the process of appeals in the state of Texas.
Trial and Direct Appeal
Trial
After the first trial, a lawyer, usually one of the trial lawyers is appointed to handle the Direct Appeal. This appeal is filed in the Texas Court of Criminal Appeals in Austin, Texas. In this proceeding, the defendant cannot introduce any new evidence. Instead he/she may only appeal errors that appear in the written transcript or the trial, such as erroneous rulings on the admission of evidence, prejudicial comments by the prosecutor and erroneous jury instructions.
If the Court of Criminal Appeals denies relief, the defendant can ask the U.S. Supreme Court to review the case. Review at this level is very rare because the Court receives 7000 requests to be heard each year, but only hear about 100 cases per year. (Lawyers often times by-pass this court)
State Habeas Corpus Proceedings
After the trial, at the same time as the Direct Appeal is being prepared, the trial court will appoint another layer to file a different appeal; an Application for writ of habeas Corpus. This appeal is just the opposite of the Direct Appeal: the claims are based on new evidence that is not contained in the record. The court will NOT hear claims that could have been raised on Direct Appeal. This is the point in the appeal process when one can bring in new evidence to support claims of Innocence, Prosecutorial Misconduct or Ineffective Assistance of Counsel, etc. the trial court issues a recommendation to the court of Criminal Appeals.
The Court or Criminal Appeals generally adopts the trial courts’ recommendations, but not all the time.
If the Court of Criminal Appeals denies habeas relief, the applicant can ask the U.S. Supreme Court to review the case review at this stage is even less likely than a review by the Supreme Court on Direct Appeal because the Court prefers the lower courts hear the issues initially in Federal Habeas proceedings.
Federal Habeas Corpus Proceedings
If unsuccessful in State Court, a person can petition the federal Courts for relief. The only claims that may be raised in the Federal proceedings are those that were raised in the State court (in Direct Appeal and State Habeas claims).
There are very strict time limits that governs the filing of Federal habeas Petitions, failure to file in time, in most cases, waives any further appeals.
If the Federal District Court denies relief, the case, is appealed to the Fifth Circuit Court of Appeals, in New Orleans Louisiana. (Depending on what State you were convicted determines which Circuit Court your appeal is directed to)
If the Fifth Circuit Court denies relief, the petitioner may seek review in the Supreme Court. Again, it is very rare that the Supreme Court will hear the case.