What is a motion for stay of execution?

A motion for stay of execution is a legal request before an appellate court in the state of California to momentarily stop the enforcement or execution of a death penalty decision. This motion is typically asked of a higher court while an appeal is pending. If a motion for stay of execution is granted, it will suspend the death sentence, preventing a defendant from being executed until the appeal is decided. There are a few requirements for a motion for stay of execution to be granted in California. The motion must be filed with the appellate court in the state, and must include information of why the stay should be granted. Additionally, the motion must include the current status of the appeal and the grounds for the appeal. A motion for stay of execution is granted or denied at the discretion of the appellate court. If the court decides to grant the request, they will do so until the appeal is decided upon. The decision cannot be appealed. If the court denies the request, they will not provide an explanation as to why the motion was denied. In California, motions for stay of execution are often requested by death penalty defendants who are appealing their convictions. These requests are typically made during the appeals process, and are granted by the court in order to give the defendant a chance to prove their innocence in court.

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What is a motion for stay of execution?

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