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

A stay of execution is a court order that halts the execution of a death sentence. In South Carolina, obtaining a stay of execution pending appeal is a complex process. First, the defendant must file a Motion for a Stay of Execution in the South Carolina Supreme Court. Then, the Court will consider the arguments presented by both the defendant and the state. This review includes an analysis of the likelihood that the defendant will succeed in his or her appellate claim, the hardship suffered by the defendant if the stay is not granted, and any other relevant circumstances. After the Court makes its decision, the defendant can request a rehearing or motion for reconsideration. The Stay of Execution is accomplished by a court order. If granted, the defendant must then file a notice with the Clerk of the Supreme Court providing the date, time, and place of execution. Upon receipt of the notice, the Clerk issues a writ of habeas corpus, which is a court order requiring the state to explain why the defendant should not be released. It is important to note that stays of execution are rarely granted and the process can be quite time-consuming. In addition, it is important to seek the advice of a qualified and experienced attorney, as this area of law can be complex and the process of obtaining a stay of execution pending appeal can be quite daunting.

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

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