Statutes, codes, and regulations
CA Rules of Court
Title 8 - Appellate RulesDivision 1 - Rules Relating to the Supreme Court and Courts of AppealChapter 4 - Habeas Corpus Appeals and Writs
Article 2 - Appeals From Superior Court Decisions in Death Penalty-Related Habeas Corpus Proceedings
Rule 8.394 - Stay of execution on appeal

Cal. R. 8.394

Download
PDF
As amended through May 17, 2024
Rule 8.394 - Stay of execution on appeal
(a) Application

Pending appeal under this article, the petitioner may apply to the reviewing court for a stay of execution of the death penalty. The application must be served on the People.

(b)Interim relief

Pending its ruling on the application, the reviewing court may grant the relief requested. The reviewing court must notify the superior court under rule 8.489 of any stay that it grants. Notification must also be sent to the clerk/executive officer of the Supreme Court.

Cal. R. Ct. 8.394

Rule 8.394 adopted effective 4/25/2019.

Advisory Committee Comment

Subdivision (b). This subdivision addresses issuance of a certificate of appealability by the Court of Appeal. Rule 4.576(b) addresses issuance of a certificate of appealability by the superior court.