
June 16, 2009 |
2009-R-0239 | |
DEATH ROW APPEALS AND DANIEL WEBB | ||
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By: Christopher Reinhart, Senior Attorney | ||
You asked about the appeals process for death row inmates and for the status of appeals by Daniel Webb.
Attached is OLR report 2009-R-0178 which describes the death penalty appeals process.
The following lists important dates in Daniel Webb's case.
● Offense committed: August 24, 1989
● Sentenced to death: September 12, 1991
● Connecticut Supreme Court ruling on appeal affirms the conviction and death sentence but requires a new Superior Court hearing on the constitutionality of lethal injection: July 30, 1996 (238 Conn. 389)
● Connecticut Supreme Court affirms the Superior Court's ruling upholding the use of lethal injection: February 15, 2000 (252 Conn. 128)
● U. S. Supreme Court denies petition appealing the Connecticut Supreme Court's ruling: October 2, 2000
● State habeas corpus petition filed: October 17, 2000
● State habeas trial completed: January 25, 2007
In addition, Daniel Webb is one of nine death row inmates involved in a state habeas corpus petition that consolidates all racial disparity claims by inmates sentenced to death (In re: Claims of Racial Disparity in Death Penalty Cases).
It is difficult to predict when Webb's case may end. If the Superior Court does not grant Webb's state habeas petition, he can appeal the court's ruling through the Connecticut courts and, if unsuccessful, appeal to the U. S. Supreme Court. If Webb is unsuccessful on these appeals, he can then file a federal habeas corpus petition in federal district court. That petition can be appealed through the federal courts to the U. S. Supreme Court. Additional state or federal habeas petitions may be possible depending on the circumstances. If all these petitions fail, the state can carry out the death penalty.
But if Webb is successful in one of his petitions, a court could overturn his conviction or death sentence. A court could require a new trial if it overturns the conviction or a new sentencing hearing if it overturns the death sentence. If there is a new conviction or sentence, the appeals process would start over again.
CR: tjo