How many appeals?

[Kared]

How many Appeals can a defendant have who Pleaded "No Contest" to a First Degree Murder Charge?

[gnm109]

How many Appeals can a defendant have who Pleaded "No Contest" to a First Degree Murder Charge?

Since no one answered you yet, I'll take a guess.

If one were to plead no contest to such a serious charge, it would very likely be in response to the risk of a death penalty. Otherwise, there would be no advantage that I could see to making a plea. Only a fool would plead guilty to a charge that would provide for a death penalty.

Having said that, sometimes a plea wil require that the defendant waive his or her rights to appeal. If that's the case, then there would be no appeal.

If appeals were not waived, one could appeal to the court of appeal (first appeal), then to the State Supreme Court (second appeal) and lastly to the Supreme Court of the United States (third and final appeal)

We weren't talking about a death penalty case but if it were such a case, in California and most other places, there is an automatic appeal from a death sentence. I don't recall whether it's necessary to go to the Court of Appeal or to the State Supreme Court directly. I suspect that it is.

As to the appeal to the Supreme Court of the U.S., those are seldom granted and if granted, seldom overturned.

At the risk of making a pun, I'd say that the whole process is not very appealing.

:rolleyes:

[Details]

I don't know - but I'd sure hope it's at least one. If it's someone tricked into it by an unscrupulous someone, who plead guilty due to mental issues (there are people who want attention, and will say they did anything to get it), or otherwise falsely plead guilty, they should have one chance to say so.

[crocdog1]

Since no one answered you yet, I'll take a guess.

If one were to plead no contest to such a serious charge, it would very likely be in response to the risk of a death penalty. Otherwise, there would be no advantage that I could see to making a plea. Only a fool would plead guilty to a charge that would provide for a death penalty.

Having said that, sometimes a plea wil require that the defendant waive his or her rights to appeal. If that's the case, then there would be no appeal.

If appeals were not waived, one could appeal to the court of appeal (first appeal), then to the State Supreme Court (second appeal) and lastly to the Supreme Court of the United States (third and final appeal)

We weren't talking about a death penalty case but if it were such a case, in California and most other places, there is an automatic appeal from a death sentence. I don't recall whether it's necessary to go to the Court of Appeal or to the State Supreme Court directly. I suspect that it is.

As to the appeal to the Supreme Court of the U.S., those are seldom granted and if granted, seldom overturned.

At the risk of making a pun, I'd say that the whole process is not very appealing.

:rolleyes:

re: [If appeals were not waived, one could appeal to the court of appeal (first appeal), then to the State Supreme Court (second appeal) and lastly to the Supreme Court of the United States (third and final appeal)]

It would be great if this were so.

However, in the real world of our Criminal Judicial System, after the "third and final appeal," there are other appeals to appeal, so that the appeals process goes on for years--even decades. Some of the condemned inmates (who are guilty of the most heinous crimes), have have been on DR over 20 years.

[Jay]

How many Appeals can a defendant have who Pleaded "No Contest" to a First Degree Murder Charge?


Pleading no contest is basically the functional equivalent of pleading guilty.

There are no appeals.

It is possible, as some state's rules permit the "withdrawal of a guilty plea". The defendant can argue he was not advised properly by his attorney, etc., etc.

This is not an appeal per se though.


As an example, here is rule 11 from the rules governing federal criminal trials:


(d) Withdrawing a Guilty or Nolo Contendere Plea.

A defendant may withdraw a plea of guilty or nolo contendere:

(1) before the court accepts the plea, for any reason or no reason; or

(2) after the court accepts the plea, but before it imposes sentence if:

(A) the court rejects a plea agreement under Rule 11(c)(5); or

(B) the defendant can show a fair and just reason for requesting the withdrawal.



http://www.law.cornell.edu/rules/frcrmp/Rule11.htm



Appeals from "convictions" are a different matter. They can appeal to the state court of appeals, then to the state supreme court. After INTRAstate remedies are exhausted, a Petition for a writ of Habeas Corpus can be filed in federal court. This is an appeal from a state court conviction ONLY when a "federal question" is involved.

The US court of appeals can then, if petitioned to do so, review the HC ruling of the District court.

The US SC will not even agree to hear a state court conviction unless a "federal question" is posed.

In other words throughout the state appeals the defendant does not argue his federal constitutional rights were violated, just his state rights, on appeal, it is rare such federal question can be offered into evidence.

This is why appeals are always based on federal constitutional rights also, in addition to state rights.

[Jay]

Oh, just as some added info, sometimes the state SC will decline review and it will be appealed directly to the US SC, as HC writs are not granted that often from a study I read sometime ago.

As we see in this recent 4th AM case, certiorari was directly to the AZ court of appeals, as the AZ SC declined to review it.


http://www.supremecourtus.gov/opinions/08pdf/07-1122.pdf

[Kared]

Thanks for your information. This is her second Appeal. Her first Appeal was to the 3rd Circuit Court of Appeals in Texas. That Appeal was based on: The fact her attorney said that the US Airforce did not get the proper authority to have a tracking device put on her car. She was a vetenarian and euthanized her husband with drugs from her Animal Clinic and thew him in a stock pond with a hundred and fifty pounds of weights on him. She looked on her computer to see how long it would take for a body to decompose but they tracked her in the meantime. Her Appeal to the 3rd Circuit was denied. Her lawyer now entered a Writ of certiorari. If you want to read the story you can go to Old Cases and Trials under Vet Wendi Davidson, all the links do not work or you can Google "wendi Davidison" Texas. Thanks again

[Jay]

I did a little research, it was a plea deal. I thought it was a straight out no deal plea.

Melvin Gray, who also represented Davidson, said the no-contest plea allows Davidson to go forward with what her attorneys consider a strong appeal while not admitting guilt. It also protects Davidson from her plea being used against her in any civil lawsuits that might be filed in the case


http://www.reporternews.com/news/2006/oct/17/airmans-wife-gets-25-year-sentence/


This is the 3rd circuit's opinion upholding the denial of the suppression of evidence from the trial court.

http://www.3rdcoa.courts.state.tx.us/opinions/HTMLopinion.asp?OpinionID=16614


Her lawyer now entered a Writ of certiorari


This would be with the Texas Supreme Court.

If it is not a DP case subject to automatic review, the TSC may let the 3rd district decision stand.

As you can read in the 3rd's decision, there are "federal questions" involved, one being the 4th AM and another the Posse Comitatus Act.

Since it was a plea deal I am not sure if that still allows for federal review? It probably does, I don't know the terms of it? I can't see them pleading out and not leaving the door open for federal appeals?

Oh in addition to a possible HC federal petition, if it is denied and the US District court opinion is appealed to the US 5th circuit, any decision from that can be requested to heard "en banc", meaning by the "whole court", so that in effect is another appeal.

[Kared]

i did a little research, it was a plea deal. I thought it was a straight out no deal plea.

Melvin gray, who also represented davidson, said the no-contest plea allows davidson to go forward with what her attorneys consider a strong appeal while not admitting guilt. It also protects davidson from her plea being used against her in any civil lawsuits that might be filed in the case


http://www.reporternews.com/news/2006/oct/17/airmans-wife-gets-25-year-sentence/


this is the 3rd circuit's opinion upholding the denial of the suppression of evidence from the trial court.

http://www.3rdcoa.courts.state.tx.us/opinions/htmlopinion.asp?opinionid=16614





this would be with the texas supreme court.

If it is not a dp case subject to automatic review, the tsc may let the 3rd district decision stand.

As you can read in the 3rd's decision, there are "federal questions" involved, one being the 4th am and another the posse comitatus act.

Since it was a plea deal i am not sure if that still allows for federal review? It probably does, i don't know the terms of it? I can't see them pleading out and not leaving the door open for federal appeals?

Oh in addition to a possible hc federal petition, if it is denied and the us district court opinion is appealed to the us 5th circuit, any decision from that can be requested to heard "en banc", meaning by the "whole court", so that in effect is another appeal.


good lord, how many appeals can this girl get?

[Jay]

good lord, how many appeals can this girl get?


The appeals process is at times long in years and the wheels of justice grind slowly.


Appeals, unless an expedited one, have to be taken in order as they are presented to the court. Courts are backlogged as it is.

[Kared]

The appeals process is at times long in years and the wheels of justice grind slowly.


Appeals, unless an expedited one, have to be taken in order as they are presented to the court. Courts are backlogged as it is.

I hope it's a long time till her Appeal is processed. Maybe, in the meantime with the long hot summers of Texas and no airconditioning in the prison she will think about what she did and tell the truth about who else was involved in the murder. Remember she couldn't have lifted 300 lbs by herself!!!!! and thrown his body in a stock tank, Mike weighed 150 lbs and car parts tied on him weighed 150 lbs.