Arizona

Criminal Procedure

Criminal Procedure

Rule 31.23 – Warrant of Execution

(a) Issuance of Warrant. After affirming a death sentence, the Supreme Court must issue a warrant of execution if the State files a notice stating that:

(1) the defendant has not filed a first Rule 32 petition for post-conviction relief and the time for filing a petition has expired;
(2) the defendant has not filed a petition for review seeking review of a superior court denial of the defendant’s first Rule 32 petition for post-conviction relief and the time for filing a petition for review has expired; or
(3) the defendant has not initiated habeas corpus proceedings in federal district court within 15 days after the Supreme Court’s denial of a petition for review seeking review of the denial of the defendant’s first Rule 32 petition for post-conviction relief.
(b) Post-Habeas Warrant. On the State’s motion, the Supreme Court must issue a warrant of execution when federal habeas corpus proceedings and habeas appellate review conclude.
(c) Date and Time of Execution. The warrant of execution must specify an execution date that is 35 days after the warrant’s issuance. If the Supreme Court finds that it is impracticable to carry out an execution on that date, it may extend the execution date but may not extend it more than 60 days after the warrant’s issuance. Additionally, the warrant must:

(1) state the date for starting the execution time period;
(2) state that the warrant is valid for 24 hours beginning at an hour to be designated by the director of the Arizona Department of Corrections;
(3) order the director to provide written notice of the designated hour of execution to the Supreme Court and each party at least 20 calendar days before the execution date; and
(4) authorize the director to carry out the execution at any time during the warrant’s duration.
(d) Return on Warrant. The director of the Arizona Department of Corrections must make a return on the warrant to the Supreme Court showing the manner and time of execution.

Ariz. R. Crim. P. 31.23

Added by August 31, 2017, effective January 1, 2018.

HISTORICAL AND STATUTORY NOTES

Former Rule 31.23, relating to issuance of mandates by appellate courts and mandates from the United States Supreme Court, was abrogated effective January 1, 2018. See, now, AZ ST RCRP Rule 31.22.