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House Journal: Page 492: Wednesday, February 22, 1995

36   contained in Iowa Code chapters 901 through 909 do not
37   apply to a conviction of murder in the first degree if
38   the defendant is sentenced to death.
39     Sec. 15.  NEW RULE.  AUTOMATIC REVIEW -- STAY OF
40   EXECUTION OF JUDGMENT.
41     1.  A judgment of conviction and sentence of death
42   shall be reviewed automatically in the manner provided
43   in Iowa Code section 814.28, and the Iowa supreme
44   court has exclusive jurisdiction of the review.
45     2.  Upon entry of judgment and sentence of death,
46   the trial court shall prepare a complete record and
47   transcript of the action in the manner provided in the
48   rules of criminal procedure and shall docket the
49   record and transcript with the clerk of the supreme
50   court.
Page  14
 1     3.  The execution of judgment of the trial court is
 2   stayed as a matter of law from the time of its entry
 3   until the judgment of the supreme court is certified
 4   to and entered by the trial court.  Upon entry of a
 5   judgment of the supreme court which affirms the
 6   conviction and sentence, the stay of execution of
 7   judgment terminates as a matter of law.
 8     4.  All court costs required due to the automatic
 9   preparation of the record and transcript, docketing
10   with the supreme court, and stay of execution of
11   judgment shall be assessed to the state.
12     Sec. 16.  NEW RULE.  ISSUANCE OF WARRANT.
13     1.  Upon entry by the trial court of the judgment
14   of the supreme court affirming a judgment and sentence
15   of death, a district judge shall within five days of
16   the entry issue a warrant under the seal of the court
17   for the execution of the sentence of death.  The
18   warrant shall specifically set forth the offense and
19   the fact of conviction, shall state the judgment and
20   sentence of the court, shall state that the judgment
21   and sentence were affirmed by the supreme court and
22   the date of entry of judgment of the supreme court in
23   the trial court, and shall, subject to the
24   requirements of Iowa Code section 902.1, subsection 2,
25   specify the date fixed for execution of the defendant
26   which shall be not less than fifty nor more than sixty
27   days after the date of entry in the trial court of the
28   judgment of the supreme court affirming the judgment
29   and sentence of death.  The warrant shall be directed
30   to the director of the department of corrections
31   commanding the director to cause the warrant to be
32   executed on the date specified.  The trial court shall
33   deliver the warrant to the sheriff of the county in
34   which judgment of conviction was entered and the
35   sheriff shall deliver the warrant to the director of
36   the department of corrections.  The director of the

Iowa General Assembly

Index: House Journal (76th General Assembly: Session 1)

© 1995 Cornell College and League of Women Voters of Iowa

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Last update: Sun Jan 14 21:05:02 CST 1996
URL: /DOCS/GA/76GA/Session.1/HJournal/00400/00492.html
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