Post by kimbylee on Jun 15, 2006 3:09:08 GMT -5
THE APPEALS PROCESS AND CLEMENCY
When a suspect is arrested for a capital crime, defence attorneys are appointed. Following a grand jury indictment, a trial is held. If the defendant is unanimously found guilty beyond a reasonable doubt by the jury (or by a panel of three judges when a jury trial is waived), the mitigation and sentencing phase of the trial occurs. If the death sentence is imposed, the offender has the right to an appeals process and to request clemency
Death Penalty Division attorneys focus on three areas of appeal: Direct Appeal, Post-Conviction, and Federal Habeas Corpus. This division also contains the Trial Section; and the Mitigation and Investigative Section. Working in this area of law places great demands on attorneys. It requires expertise in all of the laws controlling state death penalty appeals, as well as an expertise in federal civil procedure and the unique complexities of habeas corpus law.
Direct Appeals
When a defendant is sentenced to death at trial, the case is automatically appealed directly to the Ohio Supreme Court. This is called the "Direct Appeal." The direct appeal is a mandatory appeal and cannot be waived by the defendant. The direct appeal is limited to a review of any matters contained in the record made in the trial court. New evidence cannot be raised in this appeal.
Post-Conviction
Post-Conviction are taken under O.R.C. § 2953.21, and ask the trial court to compare new evidence with the evidence presented at trial, to determine if the trial was fair, reliable, and the death sentence was appropriate. Some examples of new evidence are: DNA, brain damage, evidence not turned over by prosecutors or police, evidence of trial attorney’s failing to provide effective assistance, and evidence about the defendants background or history.
Federal Habeas Corpus
Habeas Corpus is an appeal to the federal courts for wrongful conviction and unconstitutional imprisonment. There can be no habeas corpus appeal until the direct appeal and the post-conviction petitions are finished in state court. The direct appeal and post-conviction actions are then combined into one federal habeas corpus appeal.
Trial Section
The Trial Section was created in 1998. This section provides representation in any criminal case when appointed by a trial court, or requested by a county public defender. This includes trials from misdemeanors to death sentences. There are two attorneys in this section.
Mitigation and Investigation Section
The Mitigation and Investigation was created in 1998. The Migitators and Investigators provide assistance for both capital and non-capital trial level cases throughout the state, as well as provide assistance on capital and non-capital cases throughout their appeal process. This unit also provides alternative sentencing/placement investigation and assistance. This section is supervised by Dorian Hall.
Criminal Investigators assist attorneys by locating evidence that contradicts the prosecution’s case, and will be used either at the trial, or if the trial is already over, on appeal. There are five criminal investigators at the Ohio Public Defender.
A Mitigation Specialist assists attorneys in locating evidence that will mitigate or lessen the punishment imposed on client found guilty at trial. This may range from evidence the client would function well on probation, to reasons why a death sentence may not be appropriate for a client. There are four mitigation specialists at the Ohio Public Defender.
Clemency:
In addition to the appeals process, the Parole Board can make recommendations to the governor regarding pardons or commutations of sentences. The governor can issue a pardon or commute a sentence on his/her own, but rarely does so without the recommendation of the Parole Board. Clemency may be granted for any reason. The governor can also issue a reprieve, thereby postponing the execution.
The Office of Ohio Public Defender disclaims liability for any errors or omissions
When a suspect is arrested for a capital crime, defence attorneys are appointed. Following a grand jury indictment, a trial is held. If the defendant is unanimously found guilty beyond a reasonable doubt by the jury (or by a panel of three judges when a jury trial is waived), the mitigation and sentencing phase of the trial occurs. If the death sentence is imposed, the offender has the right to an appeals process and to request clemency
Death Penalty Division attorneys focus on three areas of appeal: Direct Appeal, Post-Conviction, and Federal Habeas Corpus. This division also contains the Trial Section; and the Mitigation and Investigative Section. Working in this area of law places great demands on attorneys. It requires expertise in all of the laws controlling state death penalty appeals, as well as an expertise in federal civil procedure and the unique complexities of habeas corpus law.
Direct Appeals
When a defendant is sentenced to death at trial, the case is automatically appealed directly to the Ohio Supreme Court. This is called the "Direct Appeal." The direct appeal is a mandatory appeal and cannot be waived by the defendant. The direct appeal is limited to a review of any matters contained in the record made in the trial court. New evidence cannot be raised in this appeal.
Post-Conviction
Post-Conviction are taken under O.R.C. § 2953.21, and ask the trial court to compare new evidence with the evidence presented at trial, to determine if the trial was fair, reliable, and the death sentence was appropriate. Some examples of new evidence are: DNA, brain damage, evidence not turned over by prosecutors or police, evidence of trial attorney’s failing to provide effective assistance, and evidence about the defendants background or history.
Federal Habeas Corpus
Habeas Corpus is an appeal to the federal courts for wrongful conviction and unconstitutional imprisonment. There can be no habeas corpus appeal until the direct appeal and the post-conviction petitions are finished in state court. The direct appeal and post-conviction actions are then combined into one federal habeas corpus appeal.
Trial Section
The Trial Section was created in 1998. This section provides representation in any criminal case when appointed by a trial court, or requested by a county public defender. This includes trials from misdemeanors to death sentences. There are two attorneys in this section.
Mitigation and Investigation Section
The Mitigation and Investigation was created in 1998. The Migitators and Investigators provide assistance for both capital and non-capital trial level cases throughout the state, as well as provide assistance on capital and non-capital cases throughout their appeal process. This unit also provides alternative sentencing/placement investigation and assistance. This section is supervised by Dorian Hall.
Criminal Investigators assist attorneys by locating evidence that contradicts the prosecution’s case, and will be used either at the trial, or if the trial is already over, on appeal. There are five criminal investigators at the Ohio Public Defender.
A Mitigation Specialist assists attorneys in locating evidence that will mitigate or lessen the punishment imposed on client found guilty at trial. This may range from evidence the client would function well on probation, to reasons why a death sentence may not be appropriate for a client. There are four mitigation specialists at the Ohio Public Defender.
Clemency:
In addition to the appeals process, the Parole Board can make recommendations to the governor regarding pardons or commutations of sentences. The governor can issue a pardon or commute a sentence on his/her own, but rarely does so without the recommendation of the Parole Board. Clemency may be granted for any reason. The governor can also issue a reprieve, thereby postponing the execution.
The Office of Ohio Public Defender disclaims liability for any errors or omissions