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Thread: Execution Warrants Issued By State

  1. #1
    Administrator Heidi's Avatar
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    Execution Warrants Issued By State

    Federal - Trial Court Judge

    Military - Secretary of the Army

    The Secretary of the Army, as the designated Department of Defense Corrections Level III executive official, sets the date and location of military executions. The execution date must be at least 60 days after affirmation of the sentence by the President of the United States. All sentences of death must be personally affirmed, in writing, by the President of the United States before the Secretary of the Army is permitted to set an execution date.

    Alabama - Alabama Supreme Court

    Arizona - Arizona Supreme Court

    Arkansas - Governor

    California - Trial Court Judge

    The execution date shall not be less than 60 days nor more than 90 days from the time of making the order

    Colorado - Trial Court Judge

    Connecticut - Trial Court Judge

    Delaware - Trial Court Judge


    Florida - Governor

    After a stay of execution is dissolved, the Governor must set the new date for execution of the death sentence within 10 days. The Governor can grant stays. If a death sentence is not executed because of unjustified failure of the Governor to issue a warrant, or for any other unjustifiable reason, on application of the Department of Legal Affairs, the Supreme Court shall issue a warrant directing the sentence to be executed during a week designated in the warrant.


    Georgia - Trial Court Judge

    The court shall specify the time period for the execution in the sentence. The time period for the execution fixed by the court shall be seven days in duration and shall commence at noon on a specified date and shall end at noon on a specified date. The time period shall commence not less than 20 days nor more than 60 days from the date of sentencing. A new time period for the execution -due to stay- fixed by the judge shall commence not less than ten nor more than 20 days from the date of the order.

    Idaho - Trial Court Judge

    Indiana - Supreme Court of Indiana

    Kansas -

    Kentucky - Governor

    The execution shall in theory be carried out on the fifth Friday following the affirmation of the sentence by the Kentucky Supreme Court However, because of stays, the governor may appoint another day of execution and may continue to do so until the sentence is carried into effect.

    Louisiana - Trial Court Judge

    Maryland - Trial Court Judge

    Mississippi - Supreme Court of Mississippi

    Missouri - Supreme Court of Missouri

    Montana - Trial Court Judge

    Nebraska - Nebraska Supreme Court

    New Hampshire - Governor

    The governor and council or their designee shall determine the time of performing such execution .

    North Carolina - Governor

    Ohio - Ohio Supreme Court

    Oklahoma - Oklahoma Court of Criminal Appeals

    Oregon - Trial Court Judge

    Pennsylvania - Governor

    South Carolina - South Carolina Supreme Court

    South Dakota - Trial Court Judge

    Tennessee - Tennessee Supreme Court

    Texas - Trial Court Judge

    The first execution date may not be earlier than the 91st day after the date the convicting court enters the order setting the execution date. A subsequent execution date may not be earlier than the 31st day after the date the convicting court enters the order setting the execution date. The execution date shall be a Tuesday, Wednesday or Thursday.

    Utah - Trial Court Judge

    The appointed day the judgment is to be executed, which may not be fewer than 30 days nor more than 60 days from the date of issuance of the warrant, and may not be a Sunday, Monday, or a legal holiday

    Virginia - Trial Court Judge

    Washington - Trial Court Judge

    Wyoming - Trial Court Judge

  2. #2
    Senior Member Frequent Poster Steven AB's Avatar
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    As we observed in 2019-2021, warrants for federal, civilian executions are issued not by the trial court judge as we believed, but nominally by the director of the bureau of prisons, and in practice by his superior the attorney general.

    And we also observed that issuance of warrants by the Executive branch is far more flexible than issuance by a court. Preferably, such an additional judicial lap should be avoidable, as they are already too numerous in the death penalty area.

    At the state-level, to not give a pocket veto on executions to a single institution or individual, the best scheme is to confer concurrent jurisdiction to multiple authorities.

    Ideally, an execution warrant should be issuable by anyone of:

    – The attorney general.

    – The governor.

    – Any judge (not only the trial court judge) upon motion from the local prosecutor of the vicinity where the sentence was imposed. In practice, that would be only the last resort solution when neither the attorney general nor the governor are going to sign the warrant.

    And the execution date or period should never be later than six months after issuance of the warrant: it is quite dilatory and unjustifiable to schedule executions up to four years in advance, as the current Ohio authorities do.
    Last edited by Steven AB; 08-18-2021 at 06:44 AM.
    "If ever there were a case for a referendum, this is one on which the people should be allowed to express their own views and not irresponsible votes in the House of Commons." — Winston Churchill, on the death penalty

    The self-styled "Death Penalty Information Center" is financed by the oligarchic European Union. — The Daily Signal

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