my friend has just had his formal hearing in nevada but at the formal hearing they set an execution date is this normal , how can they do this , please can any one answer this

Izabelle
Yes unfortunetly they can do that :( To set an execution date, all their appeals must be exhausted in state and federal courts. At a formal hearing, it would of been determined that there was no new evidence, and all appeals were exhausted.

((((hugs)))) One day this nightmare will have to end. I am so sorry about your friend. I pray for a positive outcome, and that they will not go through with his execution.

but he hasnt had his appeals yet when they sentenced him last month they sais he had one state appeal

Izabelle
This is a good thing, this is the beginning of his appeals process. He needs to get as much evidence in state that he can, keep filing motions, anything he can think of, needs to get into state, before it goes to federal court. Federal court will only look at what happened in state and was submitted, if it wasnt submitted in state, the Federal courts will procedully bar it. :( I dont know where he is at, but I know in Texas, they have to file there direct appeal with there habeaus appeal. When all appeals are exhuasted in state, it then goes to federal courts, to make sure that the state had ruled fairly on evidence they had presented. Its so complicated. If he is just starting his state appeals, he will have a stay of mandate, where there would be no pending execution date, as he appeals have just begun. A formal hearing would mean that there have been issues rised that have caught the courts attention, and his attorneys have requested a formal oral hearing on those matters.