ID S1266

Execution stays are limited to those granted during appeals under section 19-2719, automatic review under section 19-2827, by federal court order, or as part of commutation proceedings under section 20-240.

Upon remittitur or mandate after a death sentence is affirmed, the state must apply for a warrant from the district court, which shall set a new execution date no more than 30 days thereafter.

If a stay of execution is terminated, the state shall apply for another warrant and the district court shall set a new execution date no more than 30 days thereafter.

District court action under this section is ministerial only, requiring no hearing and inquiring only into whether a valid death sentence exists and no valid stay of execution is in place.

"Stay of execution" is defined as a temporary postponement of execution resulting from a court order or gubernatorial order postponing execution while a commutation petition is pending.