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 thegovernor or the Board of Pardons and Parole, may not stay or suspend the execution of ajudgment of death.
      (2) (a)  A court of competent jurisdiction shall issue a temporary stay of judgment ofdeath 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 Title78B, Chapter 9, Post-Conviction Remedies Act;
      (iv)  the person sentenced to death requests counsel under Subsection 78B-9-202(2)(a) torepresent him in an action under Title 78B, Chapter 9, Post-Conviction Remedies Act; or
      (v)  counsel enters an appearance to represent the person sentenced to death in an actionunder Title 78B, Chapter 9, Post-Conviction Remedies Act.
      (b) (i)  The executive director of the Department of Corrections or a designee underSection 77-19-202 may temporarily suspend the execution if the person sentenced to deathappears to be incompetent or pregnant.
      (ii)  A temporary suspension under Subsection (2)(b)(i) shall end if the person isdetermined 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 78B, Chapter 9, Post-Conviction Remedies Act isconcluded.
      (b)  A request for counsel under Section 78B-9-202 does not constitute an application forpostconviction or other collateral review and does not toll the statute of limitations under Section78B-9-107.
Amended by Chapter 3, 2008 General Session