77-19-8 - Judgment of death, when suspended, and by whom. - Utah Statutes

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77-19-8. Judgment of death, when suspended, and by whom.
(1) Except as stated in Subsection (2), a judge, tribunal, or officer, other than thegovernor or the Board of Pardons and Parole, may not stay or suspend the execution of ajudgment of death.
(2) (a) A court of competent jurisdiction shall issue a temporary stay of judgment ofdeath when:
(i) the judgment is appealed;
(ii) the judgment is automatically reviewed;
(iii) the person sentenced to death files a petition for postconviction relief under Title78B, Chapter 9, Post-Conviction Remedies Act;
(iv) the person sentenced to death requests counsel under Subsection 78B-9-202(2)(a) torepresent him in an action under Title 78B, Chapter 9, Post-Conviction Remedies Act; or
(v) counsel enters an appearance to represent the person sentenced to death in an actionunder Title 78B, Chapter 9, Post-Conviction Remedies Act.
(b) (i) The executive director of the Department of Corrections or a designee underSection 77-19-202 may temporarily suspend the execution if the person sentenced to deathappears to be incompetent or pregnant.
(ii) A temporary suspension under Subsection (2)(b)(i) shall end if the person isdetermined to be:
(A) competent;
(B) not pregnant; or
(C) no longer incompetent or pregnant.
(3) (a) The court must vacate a stay issued pursuant to Subsection (2)(a) when the appeal,automatic review, or action under Title 78B, Chapter 9, Post-Conviction Remedies Act isconcluded.
(b) A request for counsel under Section 78B-9-202 does not constitute an application forpostconviction or other collateral review and does not toll the statute of limitations under Section78B-9-107.

Amended by Chapter 3, 2008 General Session

State Codes and Statutes

Statutes > Utah > Title-77 > Chapter-19 > 77-19-8

77-19-8. Judgment of death, when suspended, and by whom.
(1) Except as stated in Subsection (2), a judge, tribunal, or officer, other than thegovernor or the Board of Pardons and Parole, may not stay or suspend the execution of ajudgment of death.
(2) (a) A court of competent jurisdiction shall issue a temporary stay of judgment ofdeath when:
(i) the judgment is appealed;
(ii) the judgment is automatically reviewed;
(iii) the person sentenced to death files a petition for postconviction relief under Title78B, Chapter 9, Post-Conviction Remedies Act;
(iv) the person sentenced to death requests counsel under Subsection 78B-9-202(2)(a) torepresent him in an action under Title 78B, Chapter 9, Post-Conviction Remedies Act; or
(v) counsel enters an appearance to represent the person sentenced to death in an actionunder Title 78B, Chapter 9, Post-Conviction Remedies Act.
(b) (i) The executive director of the Department of Corrections or a designee underSection 77-19-202 may temporarily suspend the execution if the person sentenced to deathappears to be incompetent or pregnant.
(ii) A temporary suspension under Subsection (2)(b)(i) shall end if the person isdetermined to be:
(A) competent;
(B) not pregnant; or
(C) no longer incompetent or pregnant.
(3) (a) The court must vacate a stay issued pursuant to Subsection (2)(a) when the appeal,automatic review, or action under Title 78B, Chapter 9, Post-Conviction Remedies Act isconcluded.
(b) A request for counsel under Section 78B-9-202 does not constitute an application forpostconviction or other collateral review and does not toll the statute of limitations under Section78B-9-107.

Amended by Chapter 3, 2008 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-77 > Chapter-19 > 77-19-8

77-19-8. Judgment of death, when suspended, and by whom.
(1) Except as stated in Subsection (2), a judge, tribunal, or officer, other than thegovernor or the Board of Pardons and Parole, may not stay or suspend the execution of ajudgment of death.
(2) (a) A court of competent jurisdiction shall issue a temporary stay of judgment ofdeath when:
(i) the judgment is appealed;
(ii) the judgment is automatically reviewed;
(iii) the person sentenced to death files a petition for postconviction relief under Title78B, Chapter 9, Post-Conviction Remedies Act;
(iv) the person sentenced to death requests counsel under Subsection 78B-9-202(2)(a) torepresent him in an action under Title 78B, Chapter 9, Post-Conviction Remedies Act; or
(v) counsel enters an appearance to represent the person sentenced to death in an actionunder Title 78B, Chapter 9, Post-Conviction Remedies Act.
(b) (i) The executive director of the Department of Corrections or a designee underSection 77-19-202 may temporarily suspend the execution if the person sentenced to deathappears to be incompetent or pregnant.
(ii) A temporary suspension under Subsection (2)(b)(i) shall end if the person isdetermined to be:
(A) competent;
(B) not pregnant; or
(C) no longer incompetent or pregnant.
(3) (a) The court must vacate a stay issued pursuant to Subsection (2)(a) when the appeal,automatic review, or action under Title 78B, Chapter 9, Post-Conviction Remedies Act isconcluded.
(b) A request for counsel under Section 78B-9-202 does not constitute an application forpostconviction or other collateral review and does not toll the statute of limitations under Section78B-9-107.

Amended by Chapter 3, 2008 General Session