US Laws, Codes, Statutes & Cases

                                  TITLE  19
                              CRIMINAL PROCEDURE
                                  CHAPTER 27
                                  EXECUTION
    19-2715.  MINISTERIAL ACTIONS RELATING TO STAYS OF EXECUTION, RESETTING
EXECUTION DATES, AND ORDER FOR EXECUTION OF JUDGMENT OF DEATH. (1) Hereafter,
no further stays of execution shall be granted to persons sentenced to death
except that a stay of execution shall be granted during an appeal taken
pursuant to section 19-2719, Idaho Code, and during the automatic review of
judgments imposing the punishment of death provided by section 19-2827, Idaho
Code.
    (2)  Upon remittitur after a sentence of death has been affirmed, the
district court shall set a new execution date not more than thirty (30) days
thereafter.
    (3) If for any reason a judgment of death has not been executed, and it
remains in force, the court in which the conviction was had, on the
application of the prosecuting attorney, must order the defendant to be
brought before it, or if he is at large a warrant for his apprehension may be
issued. Upon the defendant being brought before the court, the court must
inquire into the facts, and if no legal reason exists against the execution of
the judgment, must make an order that the warden execute the judgment at a
special specified time. The warden must execute the judgment accordingly.
    (4)  Action of the district court under this section is ministerial only.
No hearing shall be required for setting a new execution date and the court
shall inquire only into the fact of an existing death sentence and the absence
of a valid stay of execution.