UT HJR028

Amends Utah Rules of Appellate Procedure Rule 23B to prohibit courts from remanding capital cases with death sentences to trial courts for findings on ineffective assistance of counsel claims

Restricts when courts may stay or suspend execution of a death sentence to specific circumstances, including pending appeals, automatic review, first postconviction relief petitions, appointment of counsel, or pregnancy

Prohibits temporary stays of death sentences for subsequent postconviction petitions (after the first is denied) unless claims are not procedurally barred, are potentially meritorious, and cannot be resolved before the execution date

Requires stays to automatically expire upon final order disposing of the triggering action, with mandatory vacatur when automatic review concludes, statute of limitations passes without filing, or pregnancy ends

Takes effect upon two-thirds vote of all members elected to each house of the Utah Legislature, as required for amending court rules under the Utah Constitution