Stay Of Execution
The stopping, by court order, of an execution of judgment. A stay is usually temporary.
Question: What is the following term defined as : stay of execution? I have heard this term so many times but have absolutely no clue as to what the term "stay of execution" is defined as! Help?
Answer: A stay of execution is a court order to temporarily suspend the execution of a court judgement. In cases where the death penalty has been imposed, a stay of execution may be sought to defer the execution of the convicted person. This may occur in light of new evidence that will exonerate the convicted person, or in attempts to have the sentence commuted to imprisonment. One example of a stay of execution was the James Autry case. Autry was already strapped down to the execution table when the order came to temporarily stop the execution. He was later executed on March 14, 1984.
Question: Can any one explain what a stay of execution? My ex was sued by his divorce attorney for breech of contract and won the claim against my ex. My ex in turn filed a stay of execution on the case? What is a stay of execution and how does it work. What benefit comes with filing this?
Answer: stay of execution means to hold off on the case temporarily.
Your ex is probably wanting time to fulfill his obligation to the attorney
Question: What is an application for a stay of execution? Not as in death penalty.... I was looking on oscn on my daughter's charges.. it says: APPLICATION FOR STAY OF EXECUTION ON FINES AND COSTS
I have written about this case before and got quite a bit of negativity, but out of the blue, this stay of execution thing popped up on the site. Can anyone tell me what this is and why this would happen? And does it look favorable?? We did not ask for this, nor were we told anything about this....
Answer: When a plaintiff wins a judgment, they are entitled to post-judgment procedures to collect ("execute" upon) the judgment. A stay of execution is necessary in order to allow the defendant to maintain the status quo while the defendant pursues an appeal.
Usually, in order to obtain a stay of execution, a defendant must post a bond (called a "supercedeas bond") from an approved surety, who promises to pay the entire judgment, plus interest, in the event the appeal is unsuccessful.
I can't answer whether it "looks favorable" without knowing something about the underlying case and the motion. Heck, I don't even know what the underlying case is about, or whether your daughter was a defendant in it.
The body of law governing execution, bonds, and stays of execution is quite complex, and varies from state to state. I hope my answer helps you a little bit.
Question: What exactly does a stay of execution mean in a domesic assault case?
this case was already being hear for breaking probation and now it will be heard again in three months under a stay of execution. would there have been other things the judge would have ordered besides jail time??
Answer: It means your not going to jail.... unless you violate probation.
**** The original sentence (whatever it was) was stayed (not enforced) provided probation was followed... if probation was violated and the matter is set for heairng... the court will consider enforcing the original sentence PLUS more for the violation.
Question: Do you think Obama will step in and and give a stay of execution to fellow Muslim John Allen Muhammad?
I get a kick out of the liberals that answer these questions. You guys think this place is for serious political debate. It is a place for entertainment and god you guys make me LMAO. Keep fighting the good fight its fun to watch.
Rico, James and Holt you know who I am laughing at the loudest don't you.
Answer: Only after he appoints Nalik Hasan as his Army Czar.
Question: If someone is sentenced to death, why does the commissioner sometimes grant a stay of execution? Is he the only one that can do that? Does it happen often?
I don't know who the commissioner is. I'm watching msnbc (a show about jail) and they said commissioner.
Basically what I'm asking is, why do they decide not to kill him at the LAST SECOND. Are they really working so hard on his case right up until one second before they kill him and then find some evidence that he should not die?
Answer: What ever jurisdiction the condemned was found guilty in, they highest official in that area can commute or grant a stay. It's not a matter of working on the case at that point, it's a matter of twisting the law and all the fine points of appeal. A stay of execution is usually temporary, and unless the point of appeal is officially granted by a court, then execution is rescheduled in days.
Question: Each day of living is like being on Death Row, its another stay of execution on planet Earth. Right? With all the problems we are experiencing with our environment, the above question makes sense. What's your opinion?
All of you have the wrong idea of what the question implies. The question pertains to the problems we have i.e. global warming, climate change, more & stronger hurricanes, flooding, and mass species extinction. I'm speaking of planet earth, not me! I live life to the fullest. I have no fear of death as no one dies, they move on to the hereafter!
Answer: yer lookin' at it the wrong way.... it's rather 'another chance to try and get it right'.....
every day that you wake up is a good day.....do something fun with it....learn something.... try something new.... hug a friend.... drag yer mug up outta the slime and LIVE!!!!>...
Question: Is Obama a coward for refusing to grant John Allen Muhammad a stay of execution?
Answer: of course, obama is bought and paid for. a white house boy clerk playing boss
Question: US Supreme Court denies stay of execution for DC Sniper? Only Virginia Governor could commute his sentence, and it is not gonna happen.
Your opinions? He is set to be executed by lethal injection tomorrow.
Answer: why oh why cant the uk do the same thing to our many paedophiles and monsters.
he didn't show any mercy to his completely innocent victims so in my opinion he shouldn't be shown any either...
Question: What is a stay of execution date by the governor referred to as?
Answer: No, it isnt clemency. A stay of execution granted by the governor is what happens with the gov. feels that there is some evidence that would point to the convicted person's innocence. A stay of execution is just that - a stay. Once the governor has enough time to look at the case and are not satisfied with the evidence, they can remove the stay of execution and reset the execution date.
Question: How Do You Feel About The Stay Of Execution For "Supposed" Cop Killer Troy Davis? http://news.aol.com/article/supreme-court-halts-georgia-execution/185791?icid=100214839x1210253981x1200602025
Troy Davis is said to have gunned down an off-duty officer back in 1989 and now doubt is arising on the man's guilt.
What do you think of this?
Answer: Here is my take on this case. "Beyond reasonable doubt." With that said, if I was a juror back then before many of the forensic abilities we have today, I would likely have found him guilty. However, now with 5/7 witnesses recanting and saying they were pressured by police at the time and a large lack of forensic evidence that could be re-analyzed with modern methods, I would have to say 2/7 witness reports would not meet the People's burden of proof for me and because his life was on the line that would give me more incentive to find him not guilty i.e give him a stay of execution.
Question: What exactly is a "Stay of execution" in a court case ?
Answer: a stay of execuyion is a temporary postponement of an execution. they may be granted for a number of reasons, such as discovery of new evidence, or to allow a higher court to review the case.
Question: can anyone get approved for a stay of execution? If a person is sentenced for burglery and already has one strick can he be approved for a stay of execution to be at his mothers side when she goes for surgery
Answer: a stay of execution is for the death penality. A postponement of sentencing or incarceration based on hardship--up to the judge.
Question: Why was my stay of execution denied? I filed for a stay of execution on an eviction because I was never served the unlawful detainer, i was at work @ the time I was supposedly served & I have the proof of summons showing that the process server went to the wrong address; I filed for an exparte stay of execution and relief from default, the judge denied the stay of execution but i have a court date for the relief from default because the court clerk erroneously processed the default. Now what???
Answer: Make sure to pack quickly. Just because the service wasn't proper, doesn't mean the eviction won't go through. If you have actually received notice of the eviction, that's what counts and it sounds like you did because you filed for a stay. From the judge's perspective, you were served because you were made aware. If the landlord's case was solid, you are evicted and if you haven't paid your rent, you should accept the decision.
It sounds like a default was entered against you and you have the chance to plead your case. However, the judge will likely only be looking at whether the default should be entered or not. At best you might be able to argue that default should not be entered (if there was some procedural mistake) and ask for a full hearing. But if your landlord already obtained an eviction, you better call your friends with a truck!
Question: Condemned Bali bombers threaten revenge. Do you think there should be a stay on thier execution? What if their threat was carried out by fellow terrorists, would we not be responsible for the lives of future victims ? Can we come up with a penalty worse than death for them ?
Answer: I don't agree with capital punishment,Saying that ,if you live in a country with those punishments and that is the sentence of the courts after all appeals nave been exhausted,,In the case of terrorism only ...
The should carry out the sentence..
Two hundred and twelve people died and many other were seriously hurt .
Question: under what circumstances can stay of execution be granted and who can grant it? stay of execution like capital punishment or the death penalty
Answer: In the US, the courts can issue a stay of execution. Under limited circumstances, so can a governor. A stay of execution is a postponement. It may be granted if there is if there is new evidence that could exonerate the condemned person.
In a pending case, Governor Riley of Alabama granted Thomas Arthur a stay of execution of 45 days, last fall, while lethal injection was being reconsidered. The stay has expired, and Alabama can set an execution date. The irony is that Governor Riley has refused to allow DNA testing which could prove that Mr. Arthur is innocent, even if Mr. Arthur agrees to pay for such testing.
Question: Is the death penalty cruel & unusual punishment? Please reference recent stay of execution of Ohio inmate.? I am referring to the recent stay of execution of an Ohio inmate that dismembered his victim and spread her body parts over 2 states and her liver was found in his car. How can a medically induced and supervised procedure be considered cruel in light of what he did to his victim and to think how much she had suffered?
Answer: It isn't cruel! The liberals want you to think and believe that garbage!
Unlike barbaric countries that enjoy killing we do it because of our great freedoms.
We are guaranteed by the constitution to Life, Liberty and the pursuit of Happiness. If this is infringed upon by someone committing a murder that is so heinous that it constitutes the death penalty, so be it!
Question: what is an order staying execution of the metropolitan court?
Answer: It's when the Governor of that state where the person is facing capital punishment (lethal injection) death sentence for his crime(s) stops his execution on death row.
Question: Who can grant a stay of execution?
Answer: Only three people can. The Govenor, a superior court judge (mostly the supreme court), and the President (if you contributed to his campaign fund).
Question: Would you wish for sniper killer, John Allen Muhammed, to receive a stay of execution? He is scheduled to die by lethal injection, in VA, this evening. He killed 10 people, and terrorized people living in the states of Va, and Maryland, as well as the city of Washington DC.
http://en.wikipedia.org/wiki/John_Allen_…
Answer: Dead man walkin!!
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