Almand is considering introducing a new bill to give death-row inmates a chance to bypass the state rule in the next General Assembly session, he said. Under current Virginia law, a convicted killer faces a system of appeals and petitions based almost entirely on procedure - not facts relating to the charges. After sentencing, capital murder convictions are automatically appealed to the Virginia Supreme Court. New evidence presented within the 21-day limit can be presented for the state high court to consider. If the judges uphold the conviction and sentencing, the inmate then can ask the U.S. Supreme Court to examine the case.
Appeals end if the federal high court upholds the trial results.
In appeals, courts could order either a new trial or sentence instead of reversing a conviction outright. If appeals fail, the next route for a death-row inmate is to argue that his due process rights were violated. Unlike in appeals,judges considering petitions can't clear a convicted killer of a charge with an acquittal verdict. They can grant only a new trial or sentence. If the state Supreme Court denies an inmate's request for a new trial or sentence, he can make his case in U.S. District Court.