US Laws, Codes, Statutes & Cases

                                  TITLE  19
                              CRIMINAL PROCEDURE
                                  CHAPTER 27
                                  EXECUTION
    19-2719.  SPECIAL APPELLATE AND POST-CONVICTION PROCEDURE FOR CAPITAL
CASES -- AUTOMATIC STAY. The following special procedures shall be interpreted
to accomplish the purpose of eliminating unnecessary delay in carrying out a
valid death sentence.
    (1)  When the punishment of death is imposed the time for filing an appeal
shall begin to run when the death warrant is filed.
    (2)  The death warrant shall not be filed until forty-two (42) days after
the judgment imposing the death sentence has been filed, or, in the event a
post-conviction challenge to the conviction or sentence is filed, until the
order deciding such post-conviction challenge is filed.
    (3)  Within forty-two (42) days of the filing of the judgment imposing the
punishment of death, and before the death warrant is filed, the defendant must
file any legal or factual challenge to the sentence or conviction that is
known or reasonably should be known.
    (4)  Any remedy available by post-conviction procedure, habeas corpus or
any other provision of state law must be pursued according to the procedures
set forth in this section and within the time limitations of subsection (3) of
this section. The special procedures for fingerprint or forensic DNA testing
set forth in sections 19-4901(a)(6) and 19-4902(b) through (f), Idaho Code,
are fully applicable in capital cases and are subject to the procedures set
forth in this section, and must be pursued through a petition filed within the
time limitations of subsection (3) of this section or by July 1, 2002,
whichever is later.
    (5)  If the defendant fails to apply for relief as provided in this
section and within the time limits specified, he shall be deemed to have
waived such claims for relief as were known, or reasonably should have been
known. The courts of Idaho shall have no power to consider any such claims for
relief as have been so waived or grant any such relief.
    (a)  An allegation that a successive post-conviction petition may be heard
    because of the applicability of the exception herein for issues that were
    not known or could not reasonably have been known shall not be considered
    unless the applicant shows the existence of such issues by (i) a precise
    statement of the issue or issues asserted together with (ii) material
    facts stated under oath or affirmation by credible persons with first hand
    knowledge that would support the issue or issues asserted. A pleading that
    fails to make a showing of excepted issues supported by material facts, or
    which is not credible, must be summarily dismissed.
    (b)  A successive post-conviction pleading asserting the exception shall
    be deemed facially insufficient to the extent it alleges matters that are
    cumulative or impeaching or would not, even if the allegations were true,
    cast doubt on the reliability of the conviction or sentence.
    (c)  A successive post-conviction pleading asserting the exception shall
    be deemed facially insufficient to the extent it seeks retroactive
    application of new rules of law.
    (6)  In the event the defendant desires to appeal from any post-conviction
order entered pursuant to this section, his appeal must be part of any appeal
taken from the conviction or sentence. All issues relating to conviction,
sentence and post-conviction challenge shall be considered in the same
appellate proceeding.
    (7)  If post-conviction challenge is made under this section, questions
raised thereby shall be heard and decided by the district court within ninety
(90) days of the filing of any motion or petition for relief timely filed as
provided by this section. The court shall give first priority to capital
cases. In the event the district court fails to act within the time specified,
the supreme court of Idaho shall, on its own motion or the motion of any
party, order the court to proceed forthwith, or if appropriate, reassign the
case to another judge. When the supreme court intervenes as provided, it shall
set a reasonable time limit for disposition of the issues before the district
court.
    (8)  The time limit provided in subsection (7) of this section for
disposition of post-conviction claims may be extended only upon a showing of
extraordinary circumstances which would make it impossible to fairly consider
defendant's claims in the time provided. Such showing must be made under oath
and the district court's finding that extraordinary circumstances exist for
extending the time shall be in writing and shall be immediately reported to
the supreme court, which shall at once independently consider the sufficiency
of the circumstances shown and determine whether an extension of time is
warranted.
    (9)  When a judgment imposing the penalty of death is filed, the clerk and
the reporter shall begin preparation of the transcripts of the trial, and
other proceedings, and the clerk's transcript.
    (10) When the procedures specified in this section and section 19-2827,
Idaho Code, have been carried out and a remittitur issued, and an execution
date set as provided by law, the defendant shall be deemed to have exhausted
all state remedies.
    (11) Any successive petition for post-conviction relief not within the
exception of subsection (5) of this section shall be dismissed summarily.
Notwithstanding any other statute or rule, the order of dismissal shall not be
subject to any motion to alter, amend or reconsider. Such order shall not be
subject to any requirement for the giving of notice of the court's intent to
dismiss. The order of dismissal shall not be appealable.
    (12) A stay of execution while the special appellate procedures specified
herein are followed and during the pendency of automatic review of death
sentences shall be automatically entered by the clerk of the supreme court at
the time the district court transmits to the supreme court the report required
by section 19-2827, Idaho Code. If the sentence is upheld, the clerk shall
dissolve such stay when the remittitur is filed. Thereafter the district court
shall set a new execution date.