Supreme Court of Missouri
en banc

In re:

(1) Repeal of subdivision 29.08, entitled "Felonies – Sentence Upon Conviction of First Degree Murder," of Rule 29, entitled "Misdemeanors or Felonies – Verdict, Sentence and New Trial," and in lieu thereof adoption of a new subdivision 29.08, entitled "Felonies – Sentence Upon Conviction of First Degree Murder."
 
(2) Repeal of subdivision 30.30, entitled "Sentence of Death Not Executed – Habeas Corpus in this Court - Warrant," of Rule 30, entitled "Appellate Procedure in all Criminal Cases," and in lieu thereof adoption of a new subdivision 30.30, entitled "Sentence of Death – Setting Execution Dates."  

1. It is ordered that effective July 1, 2014, subdivision 29.08 of Rule 29 be and the same is hereby repealed and a new subdivision 29.08 adopted in lieu thereof to read as follows:

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.

 
2. It is ordered that effective July 1, 2014, subdivision 30.30 of Rule 30 be and the same is hereby repealed and a new subdivision 30.30 adopted in lieu thereof to read as follows:

 
30.30 SENTENCE OF DEATH – SETTING EXECUTION DATES
 
 
(a) 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 fewer than 95 days from the date of the opinion affirming the sentence. If a timely motion for rehearing is filed, the execution shall be set not fewer than 95 days from the date the motion is overruled.
 
(b) A date of execution set pursuant to Rule 30.30(a) 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.
 
(c) If an execution is stayed, the Court shall set a new date of execution upon motion of the state or upon its own motion. No such motion shall be considered prior to exhaustion of the defendant's right to seek relief in the Supreme Court of the United States following review of the defendant's direct appeal, state post-conviction motion, and federal habeas corpus decision unless the defendant fails to pursue such remedy.
 
(d) Upon the filing of a motion to set execution date, defendant shall have 30 days to file a response unless otherwise ordered by the Court. If the motion to set execution date is on the Court's own motion, it shall issue an order to show cause to the defendant requiring a response in not fewer than 30 days. 
 
(e) Consistent with the provisions of Rule 30.30(f), the Court shall rule on the motion to set execution date promptly after receipt of defendant's response or failure to file a response within the time allowed. Any such determination shall be without prejudice to the defendant seeking a stay of execution after an execution date is set or the state seeking a new date if the Court overrules the state's motion to set an execution date.
 
(f) The Court shall set dates of execution after consultation with the director of the department of corrections. Any date of execution shall be at least 30 days but not more than 60 days after the date the order setting the date is entered. The department of corrections shall not be required to execute more than one warrant of execution per month.
 
(g) When setting an execution date other than the original date set pursuant to Rule 30.03(a), the Court shall issue a warrant of execution to the director of the department of corrections for the execution of the defendant at the time therein specified. The director shall obey the warrant accordingly and be directed to file a return thereto with the Court.
 
(h) Notice of any date of execution set by this Court shall be given to the defendant, the defendant's counsel, the governor, the attorney general, and the director of the department of corrections.  

 
3. It is ordered that notice of this order be published in the Journal of The Missouri Bar.
 
4. It is ordered that this order be published in the South Western Reporter.

Day – to – Day

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MARY R. RUSSELL
Chief Justice