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 to the 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 federal high court upholds the trial court 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 the appeals judges considering petitions can t clear a convicted killer of a charge with an acquittal verdict. They can order only a new trial or sentence. If the state Supreme Court denies an inmates request for a new trial or sentence, he can make his case in U.S. District Court.