2006 Utah Code - 77-19-8 — Judgment of death, when suspended, and by whom.

     77-19-8.   Judgment of death, when suspended, and by whom.
     (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.
     (2) (a) A court of competent jurisdiction shall issue a temporary stay of judgment of death when:
     (i) the judgment is appealed;
     (ii) the judgment is automatically reviewed;
     (iii) the person sentenced to death files a petition for postconviction relief under Title 78, Chapter 35a, Post-Conviction Remedies Act;
     (iv) the person sentenced to death requests counsel under Subsection 78-35a-202(2)(a) to represent him in an action under Title 78, Chapter 35a, Post-Conviction Remedies Act; or
     (v) counsel enters an appearance to represent the person sentenced to death in an action under Title 78, Chapter 35a, Post-Conviction Remedies Act.
     (b) (i) The executive director of the Department of Corrections or a designee under Section 77-19-202 may temporarily suspend the execution if the person sentenced to death appears to be incompetent or pregnant.
     (ii) A temporary suspension under Subsection (2)(b)(i) shall end if the person is determined to be:
     (A) competent;
     (B) not pregnant; or
     (C) no longer incompetent or pregnant.
     (3) (a) The court must vacate a stay issued pursuant to Subsection (2)(a) when the appeal, automatic review, or action under Title 78, Chapter 35a, Post-Conviction Remedies Act is concluded.
     (b) A request for counsel under Section 78-35a-202 does not constitute an application for postconviction or other collateral review and does not toll the statute of limitations under Section 78-35a-107.

Amended by Chapter 139, 2004 General Session
Amended by Chapter 137, 2004 General Session