State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15 > GS_15-194

§ 15‑194.  Time forexecution.

In sentencing a capitaldefendant to a death sentence pursuant to G.S. 15A‑2000(b), thesentencing judge need not specify the date and time the execution is to becarried out by the Department of Correction. The Secretary of Correction shallimmediately schedule a date for the execution of the original death sentencenot less than 30 days nor more than 60 days from the date of receiving writtennotification from the Attorney General of North Carolina or the districtattorney who prosecuted the case of any one of the following:

(1)        The United StatesSupreme Court has filed an opinion upholding the sentence of death followingcompletion of the initial State and federal postconviction proceedings, if any;

(2)        The mandate issuedby the Supreme Court of North Carolina on direct appeal pursuant to N.C.R. App.P. 32(b) affirming the capital defendant's death sentence and the time forfiling a petition for writ of certiorari to the United States Supreme Court hasexpired without a petition being filed;

(3)        The capitaldefendant, if indigent, failed to timely seek the appointment of counselpursuant to G.S. 7A‑451(c), or failed to file a timely motion forappropriate relief as required by G.S. 15A‑1415(a);

(4)        The superior courtdenied the capital defendant's motion for appropriate relief, but the capitaldefendant failed to file a timely petition for writ of certiorari to theSupreme Court of North Carolina pursuant to N.C.R. App. P. 21(f);

(5)        The Supreme Court ofNorth Carolina denied the capital defendant's petition for writ of certioraripursuant to N.C.R. App. P. 21(f), or, if certiorari was granted, upheld thecapital defendant's death sentence, but the capital defendant failed to file atimely petition for writ of certiorari to the United States Supreme Court; or

(6)        Following Statepostconviction proceedings, if any, the capital defendant failed to file atimely petition for writ of habeas corpus in the appropriate federal districtcourt, or failed to timely appeal or petition an adverse habeas corpus decisionto the United States Court of Appeals for the Fourth Circuit or the UnitedStates Supreme Court.

TheSecretary shall send a certified copy of the document fixing the date to theclerk of superior court of the county in which the case was tried or, if venuewas changed, in which the defendant was indicted. The certified copy shall berecorded in the minutes of the court. The Secretary shall also send certifiedcopies to the capital defendant, the capital defendant's attorney, the districtattorney who prosecuted the case, and the Attorney General of North Carolina. (1909,c. 443, s. 6; C.S., s. 4663; 1925, c. 55; 1951, c. 244, ss. 1, 2; 1973, c. 47,s. 2; 1981, c. 900; 1995 (Reg. Sess., 1996), c. 719, s. 5; 1997‑289, s.1; 1999‑358, s. 2.)