When a judgment sentencing the defendant to death has been affirmed, the mandate shall fix the day of the execution as the fifth Friday following the date of the mandate of the court. The clerk of the Supreme Court shall transmit either by special messenger or by certified mail, return receipt requested, a certified copy of the mandate to the proper officer which shall be the authority of such officer to carry the mandate into effect. The officer receiving the copy shall report his action both to the governor and to the circuit court. If from any cause the execution does not take place on the day appointed in the mandate, the governor may from time to time appoint another day for execution until the sentence is carried into effect.
Effective: July 15, 1980
criminal case

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Terms Used In Kentucky Statutes 431.218

  • Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Certified mail: means any method of governmental, commercial, or electronic delivery that allows a document or package to have proof of:
    (a) Sending the document or package. See Kentucky Statutes 446.010
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.

History: Amended 1980 Ky. Acts ch. 114, sec. 105, effective July 15, 1980. — Amended 1976 Ky. Acts ch. 62, sec. 126. — Amended 1974 Ky. Acts ch. 315, sec.
86. — Created 1962 Ky. Acts ch. 234, sec. 45.

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