U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

Capital Punishment Appellate Guide Book

NCJ Number
Date Published
14 pages
This guidebook presents the steps in the appellate process which begins once a defendant is convicted of murder and sentenced to death in the State of Texas.
A capital murder prosecution begins when the grand jury hands down an indictment charging a defendant with capital murder. After a defendant is convicted of capital murder and sentenced to death at trial, the appellate process begins. The appellate process is where the defendant is entitled to an automatic appeal to the Texas Court of Criminal Appeals. At this point, the defendant is called “the appellant,” and the State is called “the appellee.” This explanation of the appellate process in Texas assumes that the conviction and death sentence are affirmed at each stage of the process. If, at any given stage, either the conviction or sentence is reversed, a retrial or resentencing may be required. This guidebook provides the steps of the appellate process in the State of Texas and includes the following: trial and direct appeal, State habeas corpus proceedings, Federal habeas corpus proceedings, executive clemency, execution, and post-execution.


No download available