How many appeals do death row inmates have? 4 Answers as of April 18, 2012

I heard that in California, death row inmates are granted 5 appeals. But when I searched for that information online I could not find it neither on the internet nor the State Constitution.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
This is an old question and you may have already gotten your answer. There is one appeal and one petition for writ of habeas corpus in most circumstances unless there is new evidence found. Each however can be appealed all the way from the California Supreme Court to the United States Supreme court depending on whether there are federal constitutional issues involved.
Answer Applies to: California
Replied: 4/18/2012
Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
You can only appeal any conviction once, however under some circumstances a writ may be filed after an appeal has been denied.
Answer Applies to: California
Replied: 11/9/2011
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
That is a fairly difficult answer as it depends on whose interpretation of what one means by appeal. In California, if the jury votes for death and the trial judge does not grant the motion to reduce the penalty, appeal is automatic to the California supreme court. If The California Supreme court grants the appeal, the case starts over and , if there is another finding of death, then another appeal. [Am not addressing the procedures should the supreme court overturn the conviction as well as the penlty, just the penalty.] If the first or subsequent appeal is denied, there is appeal through the federal courts. Believe that starts with a habeas corpus action in the federal district court then the appellate district court then the US Supreme Court. I do not do federal death penalty / habeas corpus work. But believe that in recent years the number of different attacks one can raise has been greatly limited. Considering the fact that there are numerous persons who have been wrongfully convicted for a number of reasons and some evidence that innocent people have been convicted in the past, maybe there are not enough appeals.
Answer Applies to: California
Replied: 11/9/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
There is no set number for appeals for a person on death row. The number of appeals depends on the case, the evidence, the trial and the conduct of all the parties in the case. It also turns on the appeals attorneys and how far it goes up in the court system. The number of appeals depends on the facts of the case.
Answer Applies to: California
Replied: 11/8/2011
Click to View More Answers: