| (1) |
Except as stated in Subsection (2), a judge, tribunal, or officer, other than the governor or the Board of Pardons and Parole, may not stay or suspend the execution of a judgment of death. |
Terms Used In Utah Code 77-19-8
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means :Utah Code 68-3-12.5
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
| (2) |
| (a) |
A court of competent jurisdiction shall issue a temporary stay of judgment of death when:
| (i) |
the judgment is appealed; |
| (ii) |
the judgment is automatically reviewed; |
|
| (b) |
A court may not issue a temporary stay of judgment of death when the person sentenced to death files a petition for postconviction relief under Title 78B, Chapter 9, Postconviction Remedies Act, after a first petition has been denied or dismissed, unless the court first finds all of the following:
| (i) |
the claims would not be barred under Section 78B-9-106; |
| (ii) |
the claims are potentially meritorious; and |
| (iii) |
the petition may not be reasonably disposed of before the execution date. |
|
| (c) |
| (i) |
The executive director of the Department of Corrections or a designee under Section 77-19-202 may temporarily suspend the execution if the person sentenced to death appears to be incompetent or pregnant. |
| (ii) |
A temporary suspension under Subsection (2)(c)(i) shall end if the person is determined to be:
| (C) |
no longer incompetent or pregnant. |
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| (3) |
| (b) |
A request for counsel under Section 78B-9-202 does not constitute an application for postconviction or other collateral review and does not toll the statute of limitations under Section 78B-9-107. |
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Amended by Chapter 165, 2011 General Session
