HARLOW v. STATE

HARLOW v. STATE
2004 WY 55
90 P.3d 92
Case Number: 99-58, 59,60
Decided: 05/14/2004

April Term, A.D. 2004

JAMES MARTIN HARLOW,

Appellant(Defendant),

v.

THE STATE OF WYOMING,

Appellee(Plaintiff).

ORDER CONTINUING STAY OF EXECUTION OF SENTENCE

PENDING DISPOSITION OF APPELLANT'S PETITION FOR WRIT OF CERTIORARI/REVIEW

            Pursuant to the terms of this Court's ORDER ISSUING MANDATE, SETTING NEW DATE FOR EXECUTION OF SENTENCE, AND STAYING EXECUTION OF SENTENCE PENDING FURTHER PROCEEDINGS entered May 29, 2003, counsel for James Martin Harlow filed her CASE STATUS REPORT in this Court on April 28, 2004, informing this Court that, among other things, the District Court of the Second Judicial District denied Mr. Harlow's petition for post-conviction relief by order entered on April 26, 2004. 

            In her CASE STATUS REPORT, Mr. Harlow's counsel further informs this Court that Mr. Harlow, through counsel, intends to, and in fact did on May 11, 2004, timely file a Petition for Writ of Certiorari/Review pursuant to Wyo. Stat. Ann. §§ 7-14-107 (LexisNexis 2003) and W.R.A.P. 13, and, therefore, Mr. Harlow, through counsel, requests that the current stay of execution of sentence under this Court's order of May 29, 2003, be continued pending the review by this Court of his Petition for Writ of Certiorari/Review.

            Having carefully considered Mr. Harlow's requests to continue the current stay of execution of sentence,

            It is ORDERED that the stay of execution of sentence under this Court's order of May 29, 2003, be, and it is hereby continued pending the review of Mr. Harlow's Petition for Writ of Certiorari/Review;

            It is further ORDERED that this order be published in Pacific Reporter Third.

            DATED this 14th day of May, 2004.

                                                                                    FOR THE COURT:*

                                                                                    /s/ Michael Golden

                                                                                    MICHAEL GOLDEN

                                                                                    Justice

* Justices Golden, Lehman, and Voigt; and Judges Sullins and Burke sitting by appointment