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

In Indiana, if a person has been sentenced to death, the person can seek a stay of execution pending appeal. This means that the death sentence would be delayed until after the appeal process is finished. The process for obtaining a stay of execution pending appeal begins with the filing of a motion. The motion for a stay of execution must be filed in the state Supreme Court. In the motion, the appellant must provide sufficient evidence of why the stay of execution should be granted. The Supreme Court then considers the motion along with any arguments the appellant may make. The court will decide if there are any good reasons why the stay of execution should be granted. Factors that the court may consider include the likelihood of success of the appeal, the strength of the evidence, and the likelihood that any delay in the execution would harm the state. Once the court has issued its decision, it will then notify the appellant and also the state. If the stay of execution is granted, then the appellant will have additional time to pursue the appeal. If the stay of execution is denied, then the death sentence will be carried out in accordance with the law.

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

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