Which court has exclusive jurisdiction over automatic appeals in texas death penalty cases?

Texas Procedure Generally

In Texas, the district courts have original jurisdiction for all criminal felony cases. If an individual is convicted of a capital felony, he or she may be subject to punishment by death, if the State sought such punishment. A capital felony is one in which an individual "intentionally or knowingly causes the death of an individual," under special circumstances. In particular, the:

  • murder of a public safety officer or firefighter in the line of duty;
  • murder during the commission of specified felonies (kidnapping, burglary, robbery, aggravated rape, arson);
  • murder for remuneration;
  • multiple murders;
  • murder during prison escape;
  • murder of a correctional officer;
  • murder of a judge;
  • murder by a state prison inmate who is serving a life sentence for any of five offenses; [or]
  • murder of an individual under six years of age.1

In Texas, a person must be of at least 18 years of age at the time of the crime to have the death penalty imposed upon him or her.2

After the verdict is rendered, if the defendant is found guilty, the case is automatically appealed to the Court of Criminal Appeals.3

If the prisoner loses in the Court of Criminal Appeals, he/she may then appeal the case to the U.S. Circuit Court of Appeals, and then finally to the United States Supreme Court.

Clemency

When the entire appeals process has been exhausted, the Governor of the State of Texas still may have a limited power to grant clemency to the prisoner. In capital cases, the Governor has the constitutional authority to grant an offender one 30-day reprieve of a scheduled execution without a recommendation from the Texas Board of Pardons and Paroles. Upon recommendation from the Board, the Governor may grant one or more reprieves in a capital case for any period of time that does not exceed the period recommended by the Board members.4 If the prisoner submits a timely request for a reprieve of execution, the Board must determine, by majority vote, whether to recommend to the Governor that a reprieve be granted. Similarly, if a death row inmate files a timely petition to the Board for a commutation of sentence to a lesser punishment, such as life imprisonment, the Board will vote on whether to recommend the commutation to the Governor.5

Method of Execution

Between 1819 and 1923, Texas executed its death row prisoners by hanging. Then, from 1924 to 1977, the electric chair became the legal means of execution. In 1977, execution by lethal injection became the legal method of enacting the death penalty in Texas. The first prisoner executed by lethal injection in the United States took place in Texas in 1982.6

Lethal injection uses a solution consisting of sodium thiopental (a lethal dose to sedate the person), pancuronium bromide (a muscle relaxant which collapses the diaphragm and lungs), and potassium chloride (which stops the heartbeat). Other states utilize lethal gas, electrocution, hanging, or a firing squad.7


1 See Penal Code, Sec. 19.03, and for more information see the Texas Department of Criminal Justice Death Row website.

2 See the Texas Penal Code, Sec. 8.07(c).

3 See the Texas Code of Criminal Procedure, Sec. 37.071(h).

4 See the Texas Code of Criminal Procedure, Art. 48.01.

5 See the Texas Board of Pardons and Paroles website.

6 For a more detailed history of capital punishment in Texas, see the Texas Department of Criminal Justice's webpage, "History."

7 For more facts about the Death Penalty in Texas and in the United States see the Death Penalty Information Center website and The Texas Department of Criminal Justice's website.

Although the Supreme Court tends to draw the most public attention, it typically hears fewer than one hundred cases every year. In fact, the entire federal side—both trial and appellate—handles proportionately very few cases, with about 90 percent of all cases in the U.S. court system being heard at the state level. The several hundred thousand cases handled every year on the federal side pale in comparison to the several million handled by the states.

State courts really are the core of the U.S. judicial system, and they are responsible for a huge area of law. Most crimes and criminal activity, such as robbery, rape, and murder, are violations of state laws, and cases are thus heard by state courts. State courts also handle civil matters; personal injury, malpractice, divorce, family, juvenile, probate, and contract disputes and real estate cases, to name just a few, are usually state-level cases.

How does the Texas county court system work?

In our legal system criminal cases are those where a defendant is accused of violating the law. If found guilty, a punishment ranging from a small monetary fine to the death penalty may be inflicted. All other cases are civil, ranging from negligence cases like Del Lago v. Smith to eviction, divorce and child custody, wills and estates, protective orders and the enforcement of business contracts.

In all cases, a trial court – generally with a jury of citizens – must determine matters of fact. Appellate courts are there only to determine matters of law did the trial court conduct its proceedings fairly and correctly? What sorts of courts handle judicial cases in Texas?

Which court has exclusive jurisdiction over automatic appeals and death penalty cases?

The Constitution also directs the high court to review all cases in which a judgment of death has been pronounced by the trial court (Cal. Const., art. VI, § 11). Under state law, these cases are automatically appealed directly from the trial court to the Supreme Court (Pen.

Which court in Texas has automatic appellate jurisdiction over death penalty cases?

A defendant sentenced to death is entitled to an automatic appeal to the Texas Court of Criminal Appeals, the highest court of criminal jurisdiction in Texas.

Which court has exclusive jurisdiction over automatic appeals in Texas death penalty cases quizlet?

The Texas Supreme Court has jurisdiction over the automatic appeals in all death penalty cases. Texas Supreme Court justices are elected for four-year terms.

Are death penalty cases in Texas automatically appealed to the Texas Supreme Court?

The appeals of all cases in which the death penalty has been assessed come directly to the Court of Criminal Appeals from the trial courts. The appeals of all other criminal cases go to one of the fourteen Courts of Appeals in Texas, and their decisions may be reviewed by the Court of Criminal Appeals.