Title: Why Appeals in Death Penalty Cases Take So Long | Lawyers.com
Headings: Why Appeals in Death Penalty Cases Take So Long
Why Appeals in Death Penalty Cases Take So Long
The Typical Path of State Criminal Appeals
Appealing a State Court Conviction: A Direct Appeal
Appealing a State Court Conviction: Filing a Writ of Habeas Corpus
Appealing a State Court Conviction: Going to Federal Court
The Typical Path of Federal Criminal Appeals
Death Penalty Appeals
Delays Caused by the State
Is the Long Appeals Process a Waste of Time?
Questions for Your Lawyer

Content: At the same time, lawyers will prepare parallel writs that they present to both the state and federal courts. It can take many years for lawyers to prepare these complicated cases, and more time still for them to wind their way through the system once the appeal or writ has been filed. Delays Caused by the State
The complexities of a death penalty appeal and writ are not the sole reason for the extraordinary time it takes for one of these cases to reach finality (overturning the conviction or sentence or losing completely). The state itself plays a major part: Through lack of funding, an already long road has become even longer. A case decided by a federal judge in California in 2013 ( Jones v. Chappell, 31 F.Supp.3d 1050 (2013), reversed on technical grounds) eloquently makes the case. As explained in the opinion, in California, the state appoints a lawyer to represent the condemned. The lawyer must have a minimum number of years’ experience handling felony cases and be willing to work for very low pay. As a result, it takes three to five years to find one willing to take the case (during that time, the case just sits). It takes another four years for the lawyer to become familiar with the case and file the brief.