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 the
governor or the Board of Pardons and Parole, may not stay or suspend the execution of a
judgment of death.
(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;
(iii) the person sentenced to death files a petition for postconviction relief under Title
78B, Chapter 9, Post-Conviction Remedies Act;
(iv) the person sentenced to death requests counsel under Subsection 78B-9-202(2)(a) to
represent 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 action
under Title 78B, Chapter 9, Post-Conviction Remedies Act.
(b) (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)(b)(i) shall end if the person is
determined 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 is
concluded.
(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.
Amended by Chapter 3, 2008 General Session
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Last revised: Thursday, May 28, 2009