Stages of a Death Penalty Case

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Stages of a Death Penalty Case:



Note that not every case goes through all of the steps outlined here. Some states have different procedures.


I. Pre-Trial

II. Guilt Phase Trial

III. Penalty Phase Trial


Evidence Gathering Petition to U.S. Supreme Court Aggravating Circumstances


Arrest


Arraignment Jury Section (voir dire) Mitigating Circumstances


Preliminary Hearing Opening Statements Proportionality Review


Grand Jury Victim Impact Statements Judge Sentencing


Indictment Defendant's Case


Information Closing Statement


Hearing on Pre-trial Jury Instruction


Motion Verdict


Intent to Seek Death Penalty



IV. Direct Appeal V. Post-Conviction VI. Federal Habeas Corpus



The Appeal Process Petition to State Trial Petition to Federal District


Motion for a New Trial Court Evidentiary Hearing


Appeal-State's Highest Appeal-State's Highest Appeal-Federal Court


Criminal Court Criminal Court of Appeals


Petition to U.S. Petition to U.S. En Banc Review
Supreme Court Supreme Court Petition to Supreme Court



VII. Clemency VIII Execution
Pardon Board Death Row



Executive Clemency or Death Warrant
Commutation Execution