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New rules in Texas

By Karl R. Keys, Esq.

The Texas Court of Criminal Appeals has announced new rules of criminal procedure governing stays of execution.  From those rules: 1. Time Requirements for Habeas Petitions or Other Motions. Inmates sentenced to death who seek a stay of execution or who wish to file a subsequent writ application or other motion  seeking any affirmative relief from, or relating to, a death sentence must exercise reasonable diligence in timely filing such requests. A motion for stay of execution, or any other motion relating to a death sentence, shall be deemed untimely if it is filed less than forty-eight hours before 6:00 p.m. on the scheduled execution date. Thus, a request for a stay of execution filed at 7:00 p.m. on a Monday evening when an execution is scheduled on Wednesday at 6:00 p...continue to full post

Full post as published by Capital Defense Weekly on June 29, 2008 (boomark / email).