Rule 32.18 Stay of Execution of a Death Sentence on a Successive Petition
VIII. Appeal and Other Post–Conviction Relief | Rule 32. Post–Conviction Relief for Defendants Sentenced Following a Trial or a Contested Probation Violation Hearing
Rule Text
If a defendant has been sentenced to death and the Supreme Court has fixed the time for executing the sentence, the superior court may not grant a stay of execution if the defendant files a successive petition. In those circumstances, the defendant must file an application for a stay with the Supreme Court, and the application must show with particularity any claims that are not precluded under Rule 32.2. If the Supreme Court grants a stay, the Supreme Court clerk must notify the defendant, the Attorney General, and the Director of the State Department of Corrections.
Amendment history: Added Aug. 29, 2019, effective Jan. 1, 2020.