What is the process for obtaining a stay of execution pending an appeal?

The process for obtaining a stay of execution pending an appeal in South Carolina is a multi-step process. A stay of execution is a court order that stops an execution from taking place. Step One: The Defendant must file a motion for a stay of execution. This motion must include all the reasons why the defendant believes the court should grant the stay. Step Two: The defendant must file an affidavit, which is a sworn statement, describing why the stay should be granted. This affidavit must contain legal evidence that supports the stay request. Step Three: The Defendant must file an appeal. This appeal must explain why the court should overturn the jury’s decision or why the court should issue a new trial. Step Four: The Appeal must be made to the South Carolina Supreme Court, which is then reviewed by the court. Step Five: After the court reviews the motion, affidavit, and appeal, it can either grant or deny the stay. If the stay is granted, the execution will be delayed unless the stay is withdrawn for any reason. In summary, the process for obtaining a stay of execution pending an appeal in South Carolina involves filing a motion, an affidavit, and an appeal to the South Carolina Supreme Court. The court will then review the motion, affidavit, and appeal and either grant or deny the stay. If the stay is granted, the execution will be delayed.

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What is the process for obtaining a stay of execution pending an appeal?

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