Is a death row inmate entitled to appeal the death penalty in the Court of Appeal?
California, United States of America
The following excerpt is from Briggs v. Brown, 221 Cal.Rptr.3d 465, 3 Cal.5th 808, 400 P.3d 29 (Cal. 2017):
eviscerate the provision's purpose of promoting "the evenhanded, rational, and consistent imposition of death sentences under law." ( Jurek v. Texas , supra , 428 U.S. at p. 276, 96 S.Ct. 2950.) Under California law, a capital prisoner may challenge the validity of the statute under which the prisoner was convicted or sentenced "at any time"not just in the automatic appeal, but also in the
[400 P.3d 88]
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a defendant entitled to the benefit of the Court of Appeal's Appeal of Appeal when they are not yet convicted? (California, United States of America)
In what circumstances will the court review the imposition of the death penalty in a death penalty case? (California, United States of America)
Is Lucas entitled to appeal against the Court of Appeal's finding that Lucas must pay costs on appeal? (California, United States of America)
Is a defendant entitled to the benefit of the Court of Appeal's Appeal of Appeal when they are not yet convicted? (California, United States of America)
Does the Court of Appeal hold that the death penalty cannot be imposed under sentencing procedures that create a substantial risk that it would be inflicted in a capricious manner? (California, United States of America)
Does defendant's failure to object to the death penalty apply to the Court of Appeal? (California, United States of America)
Does the Court of Appeal hold that the death penalty cannot be imposed under sentencing procedures that create a substantial risk that it would be inflicted in a capricious manner? (California, United States of America)
When a court of appeal has an appealable judgment or order before it, does the court have jurisdiction to affirm, reverse or modify it? (California, United States of America)
Does Defendant have a claim that the trial court should have instructed the jury that it could impose the death penalty only if it found beyond a reasonable doubt that death is appropriate? (California, United States of America)
Does a prosecutor's decision not to seek the death penalty in death penalty cases violate the federal or state constitution? (California, United States of America)
