Steps to Take After a Death Sentence

Facing a death sentence can be overwhelming. Few things will ever prove to be more important than what you do after the sentence has been handed down. There are several levels of appeals that you must enter to fight the decision. These may reach all the way up to the federal level. Be prepared to hire a skilled lawyer who will assist you throughout these proceedings.

Instructions

• 1

  File for a direct review of your case. An appellate court reviews the decision handed down by the court that sentenced you to determine whether it was reached in a valid way. Retain a lawyer who will assist you. If the appellate court finds something wrong with the previous decision, it will throw out the lower court's sentence and order a new trial. If the higher court finds nothing wrong, it will affirm the lower court's decision.

• 2

  File for a state collateral review of your case if the decision was not overturned in the direct review. Here you can challenge your sentence on grounds that you may not have been able to address during your direct review. Usually these are claims that require the court to consider new evidence outside the original trial record, which is something courts may not do in an ordinary appeal.

• 3

  File for federal habeas corpus. Challenge your sentencing in federal court. Prove that the state courts have not done a reasonably competent job in protecting your constitutional rights. Be prepared to present evidence of innocence that you have not presented during the previous appeals, if any.