I'm writing a book...

[valeriec80]

What is the name of your state (only U.S. law)? I don't know if the state is important or not... somewhere where the death penalty is, anyway.

My question is this: My character has been wrongfully convicted of multiple murders; however, she wants to die anyway and isn't interested in appealing.

If new evidence came to light, could the police reopen the case and if they did, would she be released?

Or...can someone else appeal on a prisoner's behalf, even if they insist that they are guilty?

 

[xylene]

ask yourself

given your already fantastical premise, does it matter?

If you are bent on this idea, some thoughts would be to set the matter in the past, when executions were more common, far less controlled, and people were executed under circumstance were innocence or guilt were less clearly established.

In 21st century America, with a handful of closely watched executions a year, if the evidence of innocence was notorious and incontrovertible, the execution would be stated or commuted by executive order.

The state is not going to execute an innocent party.

As far as the 'wants to die' thing, that is not very relevant.

Many death row inmates express they want to die, and is given trivial weight, and does not accelerate, impede or curtail the process.

Basically a long winded "suicide by state execution" is not realistic legally in 21 century America if you assume the person is wrongly accused.

But since your tale sounds allegorical anyway, there is no need to adhere perfectly to legal protocols, which might be boring anyway.

John Grisham meets the Green Mile... sounds Dry and Preachy.

 

[valeriec80]

Thanks Xylene

This is very helpful.

 

[cbg]

I can add that a former co-worker of mine was marginally involved in a case where new evidence was discovered in a death penalty case so this is not just supposition for me. If evidence is found that clears the defendant, it's a foregone conclusion that the case would be reopened and she would be released.

 

[CavemanLawyer]

If you want to do a book on the death penalty you should set it in Texas. Several of our larger CITIES put more people on death row then all other STATES combined.

Once someone is convicted of a crime neither the police nor the District Attorney's office can just "reopen" the Defendant's case. The original conviction will stand until it is overturned. This can either be through an appellate court's action or it can be through the granting by the trial court of a post conviction writ. If the issue is that new evidence is obtained then that is an issue that is going to be raised through a writ with the original trial court unless the argument is that the evidence was withheld from the defense by the State. This is considered a brady violation and may more appropriately be raised at the appellate level. In either case a 3rd party cannot just pick up the torch and file something on behalf of person without their consent. Writs and appeals must be filed by the Defendant or an attorney that represents them. This should make perfect sense. You only have so many appellate and post conviction remedies available to you. Would you really want people using up your filings without your permission?

If a conviction were overturned by an appellate court then the inmate would be released immediately. Depending on a great many things, the State could be barred from further prosecution. If not, then the District Attorney's office could refile the case and arrest the person, who would then be held on bail.

If the conviction were overturned through the granting of a writ by the trial court, then again the State could be barred from further prosecution. But if not then they would be able to hold the individual in custody for 10 days (talking about Texas here) to reindict them. If charged again the person would be granted bail and may or may not be able to bond out.

Unless all of the convictions against the person are overturned, that individual is going to have to stay in prison.