Supreme Court Rules - Rule 29 - Rules of Criminal Procedure - Misdemeanors or Felonies - Verdict Sentence and New Trial: Felonies - Sentence Upon Conviction of First Degree Murder

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Supreme Court Rules

		Section/Rule:	29.08
Subject:	Rule 29 - Rules of Criminal Procedure - Misdemeanors or Felonies - Verdict Sentence and New Trial	Publication / Adopted Date:	June 13, 1979
Topic:	Felonies - Sentence Upon Conviction of First Degree Murder	Revised / Effective Date:	July 1, 2014

29.08. Felonies - Sentence Upon Conviction of First Degree Murder

(a) Warrant. When a death sentence is imposed, a warrant signed by the judge and attested by the clerk shall be issued. The warrant shall state the judgment and sentence and shall direct the sheriff to deliver the defendant to the department of corrections. The date of execution of the sentence shall be set as provided in Rule 30.30.

(b) Statement to Governor and Clerk. The judge shall forthwith transmit to the governor of this state and the clerk of this Court by mail or otherwise a certified copy of the warrant.

(c) Report by Judge. When there is a conviction for a crime for which a punishment provided by statute is death, the judge shall file a report in this Court not later than ten days after the final imposition of sentence regardless of the sentence actually imposed. The report shall be on a form prescribed by this Court and shall be accompanied by any presentence investigation report.

(Adopted June 13, 1979, eff. Jan. 1, 1980. Amended April 20, 1981, eff. Jan. 1, 1982; May 15, 1984, eff. Oct. 1, 1984; June 24, 1986, eff. Jan. 1, 1987; June 16, 1989, eff. Jan. 1, 1990; Oct. 25, 2013, eff. July 1, 2014.)

Committee Note - 1980

Paragraph (a) is the same as prior Rule 27.14.

Paragraph (b) is the same as prior Rule 27.15.

Committee Note – 1982

Paragraph (a) is substantially the same as prior Rule 29.08(a) with the deletion of the requirement that the trial court set a date for execution. The deletion was made because section 565.014, RSMo, provides for mandatory review by this Court of cases in which the death penalty is imposed. It would be futile for the trial court to set an execution date not more than sixty days after the judgment because appellate review could not be completed in that period. Section

546.480

, RSMo, is the same as prior Rule 29.08(a) and it is superseded by this Rule. The first sentence of paragraph (d) stating that this Court would set the date for execution was substituted.

Paragraph (b) is substantially the same as prior Rule 29.08(b) with the additional requirement that a copy of the warrant be sent to the clerk of this Court.
Paragraph (c) is new.
Compare: Section 565.0141.1, RSMo.
Paragraph (d) is new.