How Johnny Can Appeal his Death Sentence in North Carolina

The appeal system, especially for a death sentence, can be a complicated and time-consuming process. The United States criminal justice system’s appellate process is inherently slow and cases can take many years to resolve. But how can a prisoner on death row appeal his/her case? Is it possible for a prisoner to appeal his/her case without the “Racial Judicial Act”? The answer is yes and we are going to create a little scenario to simplify and explain the appeals process for a death row prisoner.

Johnny is a young, high school educated man. He has been arrested on the suspicion of killing his best friend, Willis, over a custody dispute regarding a puppy they found in the woods. He was tried, found guilty and was sentenced to death for first-degree murder. Johnny feels that he has been wrongly sentenced. He feels that he has the appropriate grounds to appeal his death sentence. He thinks it is going to be easy and quick, but boy is he wrong.

In order for a Johnny to appeal his death sentence, he must either prove that there is new evidence that supports that he did not kill Willis or he must prove that there was an error in due process. Due process is the citizen’s right to justice and the entitlement to a fair trial. If Johnny can prove that the prosecution suppressed key evidence, or that he had a mental illness, or that his attorney did not provide proper legal assistance, then the Appellate Court will probably assess that Johnny has the proper ground for an appeal. In the North Carolina Court of Appeals, Johnny will argue his case in front of three judges where they will assess “proceedings that occurred in the trial courts for errors of law or legal procedure”. The Court of Appeals only assesses Johnny’s case to see if there were reasonable grounds to convict Johnny and to see if there was an error in due process. If the Court of Appeals denies Johnny’s case, then Johnny has no choice but to take his case to the North Carolina Supreme Court in front of seven judges where they will only assess legal error and judicial interpretation of the law. If they find that there was reversible error than either a new, lesser sentence will be decided or Johnny might be entitle to a new trial. The total process for Johnny can take around 6 to 10 years.  Unfortunately for Johnny, both courts found no error in due process or judicial interpretation and his conviction and his sentence still stands.

Sites: http://www.nccourts.org/Courts/Appellate/Supreme/Routes.asp

http://www.nccourts.org/Courts/Appellate/Supreme/

http://criminal.lawyers.com/Criminal-Law-Basics/Death-Sentence-Appeals-Take-Time-for-a-Reason.html