Utah Admin. Code R671-312A-2 - Eligibility
(1) A person sentenced to death, or that
person's counsel, may file a petition for commutation of a death sentence no
later than seven days after the sentencing court has issued a judgment of death
and a warrant of execution.
(2) If
any appeal of the petitioner's conviction or sentence is filed or litigated on
behalf of the petitioner, including any collateral challenges or lawsuits, the
commutation petition shall be filed within seven days after completion of any
such appeals of the conviction or sentence and collateral challenges or
lawsuits, including any proceedings seeking post-conviction relief, habeas
corpus relief, or other proceedings for extraordinary relief.
(3) Failure of any petitioner or counsel to
comply with this rule, other Board rules, or any Board directive or order may
result in the summary denial of the petition and cancellation of any scheduled
hearing.
(4) Any act, omission,
pleading, or other filing by a petitioner or counsel that the Board determines
is meant to delay, hinder, or disrupt the Board's commutation process or
proceedings may result in the summary denial of the petition and cancellation
of any scheduled hearing.
Notes
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