Utah Code 77-19-8. Judgment of death, when suspended, and by whom
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(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 :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See 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)(2)(a) A court of competent jurisdiction shall issue a temporary stay of judgment of death when:(2)(a)(i) the judgment is appealed;(2)(a)(ii) the judgment is automatically reviewed;(2)(a)(iii) the person sentenced to death files a first petition for postconviction relief after the direct appeal underTitle 78B, Chapter 9, Postconviction Remedies Act ;(2)(a)(iv) the person sentenced to death requests counsel under Subsection78B-9-202(2)(a) to represent the person in a first action for postconviction relief underTitle 78B, Chapter 9, Postconviction Remedies Act ; or(2)(a)(v) counsel enters an appearance to represent the person sentenced to death in a first action for postconviction relief underTitle 78B, Chapter 9, Postconviction Remedies Act .(2)(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 underTitle 78B, Chapter 9, Postconviction Remedies Act , after a first petition has been denied or dismissed, unless the court first finds all of the following:(2)(b)(i) the claims would not be barred under Section78B-9-106 ;(2)(b)(ii) the claims are potentially meritorious; and(2)(b)(iii) the petition may not be reasonably disposed of before the execution date.(2)(c)(2)(c)(i) The executive director of the Department of Corrections or a designee under Section77-19-202 may temporarily suspend the execution if the person sentenced to death appears to be incompetent or pregnant.(2)(c)(ii) A temporary suspension under Subsection(2)(c)(i) shall end if the person is determined to be:(2)(c)(ii)(A) competent;(2)(c)(ii)(B) not pregnant; or(2)(c)(ii)(C) no longer incompetent or pregnant.(3)(3)(a) The court must vacate a stay issued pursuant to Subsection(2)(a) when the appeal, automatic review, or action underTitle 78B, Chapter 9, Postconviction Remedies Act is concluded.(3)(b) A request for counsel under Section78B-9-202 does not constitute an application for postconviction or other collateral review and does not toll the statute of limitations under Section78B-9-107 .