Capital defendants can pursue repeated state and federal appeals including successive habeas petitions

Evidence

Following conviction in a capital case, defendants typically appeal to the state intermediate court of appeals, the state supreme court, and then the U.S. Supreme Court. Should they not prevail in these venues, they may mount challenges in federal court via federal habeas corpus review (which considers whether the defendant’s rights were violated at trial), with the potential for appeals of federal district court rulings to federal courts of appeals and again to the U.S. Supreme Court. The failure of one habeas corpus petition need not end matters, as defense counsel can file further petitions, thereby extending the process. — G. Alan Tarr, Judicial Process and Judicial…, 2033

Categorization

• XREF: connects to: Habeas corpus petitions let prisoners challenge the legality of their imprisonment — G. Alan Tarr, Judicial Process and Judicial…, 250