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

Obtaining a stay of execution pending an appeal is a process that begins with filing an application for a stay with the court that issued the death sentence. After the application is filed, the court will then consider whether the defendant has a reasonable chance of success on appeal. If the court finds that there is a reasonable chance of success on appeal, the court will then issue a stay of execution as long as the appeal is pending. In Mississippi, the Supreme Court has exclusive jurisdiction to issue stays of execution. Before filing an application for a stay of execution, a defendant must first file an application for an appeal with the Supreme Court. Once the application for an appeal is filed, a defendant can then file a petition for a stay of execution. As part of the petition, the defendant must specify the issues to be presented on appeal and provide legal arguments to support the petition. The Supreme Court will then consider the arguments of both the defendant and the state in deciding whether to issue a stay of execution. The court will then issue a written opinion with its ruling. If the court issues a stay of execution, the defendant will remain in custody until the appeal is finalized. If the court denies a stay of execution, the defendant will face execution.

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

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