Rule 3316 Review of Stay of Execution Orders in Capital Cases

If someone is on death row, the trial court can issue an order that either pauses or allows an execution to move forward. That order can be reviewed by the Pennsylvania Supreme Court.

The process for that review follows the steps laid out in Rule 1704, which covers how the Supreme Court handles appeals in death penalty cases. This gives the Supreme Court the power to look at whether the lower court made the right call on stopping or allowing an execution.