Are there special procedures for appeals involving capital punishment?
Yes, there are special procedures for appeals involving capital punishment in Texas. These procedures are laid out in the Texas Code of Criminal Procedure. When an accused is convicted of capital murder, an automatic appeal is granted and the court must appoint attorneys to represent the accused during the appeal. During the appellate process, the court reviews the entire record of the trial to ensure that the trial was fair and to see if any errors occurred during the trial. In addition, the court may consider any newly discovered evidence or arguments that could not have been presented at the trial. The court also reviews the sentencing stage of the trial to make sure that the death penalty was imposed in accordance with the laws of Texas. This includes making sure that the jury was properly instructed on the law and that they followed the instructions. The court also ensures that the judge properly followed the guidelines of the Texas Code of Criminal Procedure in the imposition of the death penalty. Should an error be found, the court may either order a new trial or a life sentence. Additionally, the court may certify certain errors to the Texas Court of Criminal Appeals for further review. If the court of criminal appeals agrees with the appellant, then the death sentence will be overturned and the defendant will receive a life sentence instead.
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