Utah § 77-19-8 Judgment of death, when suspended, and by whom.

Utah Statutes

§ 77-19-8 — Judgment of death, when suspended, and by whom.

Utah § 77-19-8

Title 77Utah Code of Criminal Procedure

Ch. 77-19The Execution

Part 77-19-1Judgment Provisions

This text of Utah § 77-19-8 (Judgment of death, when suspended, and by whom.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 77-19-8 (2026).

Text

(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)(2)(a) A court of competent jurisdiction shall issue a temporary stay of judgment of death when:

(2)(a)(i) the judgment is appealed;

(2)(a)(ii) the judgment is automatically reviewed;

(2)(a)(iii) the person sentenced to death files a first petition for postconviction relief after the direct appeal under Title 78B, Chapter 9, Postconviction Remedies Act;

(2)(a)(iv) the person sentenced to death requests counsel under Subsection 78B-9-202(2)(a) to represent the person in a first action for postconviction relief under Title 78B, Chapter 9, Postconviction Remedies Act; or

(2)(a)(v) counsel enters an

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(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) (2)(a) A court of competent jurisdiction shall issue a temporary stay of judgment of death when:
(2)(a)(i) the judgment is appealed;
(2)(a)(ii) the judgment is automatically reviewed;
(2)(a)(iii) the person sentenced to death files a first petition for postconviction relief after the direct appeal under Title 78B, Chapter 9, Postconviction Remedies Act;
(2)(a)(iv) the person sentenced to death requests counsel under Subsection 78B-9-202(2)(a) to represent the person in a first action for postconviction relief under Title 78B, Chapter 9, Postconviction Remedies Act; or
(2)(a)(v) counsel enters an appearance to represent the person sentenced to death in a first action for postconviction relief under Title 78B, Chapter 9, Postconviction Remedies Act.
(2)(b) A court may not issue a temporary stay of judgment of death when the person sentenced to death files a petition for postconviction relief under Title 78B, Chapter 9, Postconviction Remedies Act, after a first petition has been denied or dismissed, unless the court first finds all of the following:
(2)(b)(i) the claims would not be barred under Section 78B-9-106;
(2)(b)(ii) the claims are potentially meritorious; and
(2)(b)(iii) the petition may not be reasonably disposed of before the execution date.
(2)(c) (2)(c)(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.
(2)(c)(ii) A temporary suspension under Subsection (2)(c)(i) shall end if the person is determined to be:

(2)(c)(ii)(A) competent;
(2)(c)(ii)(B) not pregnant; or
(2)(c)(ii)(C) no longer incompetent or pregnant.
(3) (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, Postconviction Remedies Act is concluded.
(3)(b) A request for counsel under Section 78B-9-202 does not constitute an application for postconviction or other collateral review and does not toll the statute of limitations under Section 78B-9-107.