Utah Admin. Code R671-312B-3 - Petition Requirements

(1)

(a) The commutation petition shall be signed by the petitioner, under oath, and filed with the Board at the Board's office no later than seven days after the sentencing court signs a warrant setting an execution date.

(b) If the petitioner is represented by counsel, the petitioner's counsel shall also sign the petition.

(c) If the petitioner is represented by counsel, counsel shall comply in all respects with Rule R671-103, Attorneys.

(d) The petitioner or counsel shall properly serve a copy of the petition to the Utah Attorney General or designee in accordance with Utah Rule of Civil Procedure 4.

(2) The commutation petition shall include:

(a) the petitioner's name, date of birth, and Department of Corrections offender number;

(b) the name, address, telephone number, and email address of any counsel representing the petitioner in the commutation proceeding;

(c) a certified copy of the Judgment, Commitment, and Sentence for which commutation is petitioned;

(d) a certified copy of the warrant setting the execution date applicable to the petitioner and for which commutation is petitioned;

(e) a statement specifying whether or not the conviction or sentence for which commutation is petitioned was appealed; and if so, a copy of any applicable appellate decision;

(f) a statement specifying whether or not the conviction or sentence for which commutation is petitioned was the subject of any complaint, petition, or other court filing or litigation seeking collateral remedies, post-conviction relief, a writ of habeas corpus, or any other extraordinary relief; and if so, a copy of all applicable final orders, rulings, determinations, and appellate decisions regarding such litigation;

(g) a statement of the reasons or grounds which the petitioner believes support the commutation of the death sentence;

(h) copies of all written evidence upon which the petitioner intends to rely at the hearing;

(i) the names of all witnesses the petitioner intends to call and a summary of their anticipated testimony; and

(j) a statement certifying whether the issue or issues:

(i) have been reviewed previously by the courts;

(ii) should have been raised during the judicial process; or

(iii) if based on new information, are still subject to judicial review.

(3) If the petitioner previously requested commutation, the petition shall include a statement reciting what, if any, new, significant, and previously unavailable information exists which supports commutation and the reasons the petitioner believes this information supports reconsideration.

(4) Within seven days of receiving the petition, the state, by and through the Attorney General or designee, shall file a response to the petition. The state shall file its response to the commutation petition with the Board and hand-deliver a copy of the response to the petitioner or counsel, if represented.

(a) The state's response shall include copies of all written evidence, the names of any witnesses, and a summary of the anticipated testimony upon which the state intends to rely to rebut the petitioner's claim that the sentence of death should be commuted.

(b) The Board may request either the petitioner or the state to provide additional information.

Notes

Utah Admin. Code R671-312B-3

Amended by Utah State Bulletin Number 2024-08, effective 4/1/2024 Amended by Utah State Bulletin Number 2024-17, effective 8/14/2024