WASH said:
Below is the process in full.
I hae yet to get an answer as to its Constitutionality or if it is a bill passed by our Congress.
OUT OF WASH Wash Kostinko
DEATH PENALTY 030110
APPEALS - DEATH PENALTY
The following information was extracted from the S F Chronicle (dated 90-01-29) Starting with the verdict!
VERDICT -> Automatic appeal to the CA supreme Court --> Appeal to the Supreme Court --> If the US supreme Court allows the death sentence to stand, the defendant can return to the State Trial Court and file a Writ of habeas corpus.
The writ allows the defendant to raise issues not generally covered in the trial such as the effect of pretrial publicity, or incompetence of council. -- >> Appeal to State Court of Appeals -->> Appeal to CA Supreme Court -->> Appeal to US Supreme Court -->>
If the Supreme Court rejects the defendants appeal of the State habeas claim, the defendant may then file the habeas corpus writ in U. S. Circuit Court. -->> Appeal to the 9th Circuit Court of Appeals -->> Appeal to the US Supreme Court -->> Successive last - minute appeal to the Federal District Court -->> Successive appeal to the Ninth Circuit US court of appeal -->> Successive last - minute appeal to the US Supreme Court.
It does not look as if the state legislature or our congress could write such convoluted legislation wrt the death penalty. the price had to be too high! Or could I be wrong?
MAYBE YOUALL CAN USE IT! WASH
050103 AS AN AFTER THOUGHT I FORGOT TO MENTION AN IMPORTANT ISSUE. --> THE MURDER ITSELF NO LONGER IS APPLIABLE. IT IS A DONE DEAL! WASH
090517 MAY 17, 2009 ADDDITIONAL INFORMATION.
----> THE APPEALS PROCESS IS MANDATED BY THE UNITED STATES SUPREME COURT AND THE CONSTITUTION. <---Sacramento Bee article by Elizabeth Semel, Law professor UC Berkeley School of Law.
I have yet to have it verified by the few lawywers who were willing to debate. Anyone who can add to my small store of info PLEASE respond.
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Nov 03, 2009 @ 23:22:29
