In a capital case, would anyone ever be released if tainted evidence, etc had nullified the ruling before regrouping for a retrial?

Question

In a capital case, would anyone ever be released if tainted evidence, etc had nullified the ruling before regrouping for a retrial?

Answer

A death sentence could be overturned on appeal or set aside on a habeas corpus petition. It could also be negated in the trial court by a successful post-trial motion.

A successful challenge to the sentence would not necessarily -- or even usually -- change the verdict of guilt, but sometimes courts will overturn or set aside both the conviction and the sentence.

If the verdict and sentence are both overturned, the defendant ordinarily would not be released right away. In some extraordinary circumstances the court might order an immediate release, but otherwise the prosecutor would have time to decide whether to re-try the defendant, and the defendant would remain in custody while the decision was being made.

Finally, note that many capital cases involve verdicts of guilty on multiple charges. If some verdicts and sentences remain in place then the defendant will not be released until he has served those sentences, even if his most serious convictions are reversed or set aside.