Arizona

Criminal Procedure

Rule 32.18 – Stay of Execution of a Death Sentence on a Successive Petition

If a defendant has been sentenced to death and the Supreme Court has fixed the time for executing the sentence, the superior court may not grant a stay of execution if the defendant files a successive petition. In those circumstances, the defendant must file an application for a stay with the Supreme Court, and the application must show with particularity any claims that are not precluded under Rule 32.2. If the Supreme Court grants a stay, the Supreme Court clerk must notify the defendant, the Attorney General, and the Director of the State Department of Corrections.

Ariz. R. Crim. P. 32.18

Adopted August 29, 2019, effective January 1, 2020.