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:	January 1, 1990

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 and human resources. The date of execution of the sentence shall be set as provided in subdivision (d) of this Rule 29.08.

(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.

(d) Setting Execution Dates.

(1) The time for execution of any death sentence shall be set by order of this Court. The initial date of execution shall be set following the review of the sentence required by statute and the affirmance thereof. If no timely motion for rehearing is filed, the execution shall be set not less than sixty-five days from the date of the opinion affirming the sentence. If a timely motion for rehearing is filed, the execution shall be set not less than sixty-five days from the date the motion is overruled.

(2) A date of execution set pursuant to subdivision (d)(1) of this Rule shall be stayed upon the receipt in this Court of proof of filing of a timely appeal or petition for writ of certiorari in the Supreme Court of the United States. No other filing in this or any other Court shall operate to stay an execution date without further order of this Court or other competent authority.

(3) If an execution is stayed for any reason and the stay extends beyond the date set for the execution, a new date of execution shall be set by this Court after the stay shall no longer be operative.

(4) Notice of any date of execution set by this Court shall be given to the defendant, the defendant's counsel, the governor and the director of the department of corrections and human resources.

(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.)

COMMITTEE NOTE - 1980

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

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