Utah law sets court rules for capital cases and death sentences

A court holds a separate proceeding to decide a capital felony sentence, and a jury follows stated rules when considering death or prison sentences. These procedures apply to people who plead guilty to or are found guilty of a capital felony. A guilty plea may be followed by sentencing before the court that accepted the plea only at the defendant’s request, with court approval and the prosecution’s consent. A defendant found guilty may waive jury sentencing only with court approval and the prosecution’s consent. A death sentence requires a unanimous jury decision and proof beyond a reasonable doubt that aggravating circumstances outweigh mitigating circumstances and that death is justified. The sentencing proceeding follows the guilty plea or finding of guilt.

When prosecutors seek a death sentence, the court appoints a psychologist to screen the defendant’s IQ and considers whether the defendant qualifies for an exemption from death based on intellectual disability. The screening applies when a prosecutor files notice of intent to seek a death sentence. The exemption applies to a defendant found intellectually disabled under the law’s criteria. The court appoints a screening psychologist unless the defendant objects; the court must determine on the record whether an objection and resulting waiver are knowing and voluntary. If the screening score is above 75 and the defendant presents no contrary evidence within the allowed time, the court enters an order that death is a sentencing option. The defendant may still offer evidence of mental capacity as a reason for a lesser sentence. The screening psychologist must report within 30 days after testing, unless the court grants an extension for good cause.

Courts review whether people sentenced to death are competent to be executed and require certain evidence for repeat petitions after a prior finding of competence. These procedures apply to people sentenced to death when there is reason to question their competence to be executed. A petition filed fewer than 21 days before the scheduled execution is untimely unless it includes an examining doctor’s or psychologist’s affidavit and a statement showing good cause for filing late. A repeat petition after a prior finding of competence must allege a specific, substantial change, raise a significant question about competence, and include an affidavit from a licensed physician or psychologist who examined the inmate afterward. A petition for examination filed fewer than 21 days before the scheduled execution is untimely unless it meets the stated exception. Courts prioritize these proceedings so they finish before the execution date.

After the Utah Supreme Court affirms a death sentence, the sentencing court appoints counsel for a postconviction petition and may approve fees and case expenses within stated limits. This applies to a person sentenced to death after the Utah Supreme Court affirms the conviction and sentence. The person may hire private counsel or waive appointed counsel; before accepting a waiver, the court must find that the person understands the legal consequences. For later petitions, publicly funded counsel is limited to claims based on newly discovered evidence or claims that could not have been raised earlier. A court may exceed the fee or expense limits only for good cause. The court must advise the person and appoint counsel within 30 days after the Supreme Court sends the affirmed case back.

Courts and state agencies follow stated steps for execution warrants, stays, and reviews of pregnancy or competence to be executed. These procedures apply to people sentenced to death and the courts and state agencies responsible for carrying out or reviewing a death sentence. An execution date generally must be 30 to 60 days after the warrant is issued and cannot fall on a Sunday, Monday, or legal holiday. A court may stay an execution only as allowed by the Utah Rules of Criminal Procedure. The corrections director may temporarily suspend it if the person appears pregnant or incompetent. The warrant’s execution date must fall within the stated 30-to-60-day window; special review procedures apply when officials have good reason to address pregnancy or competence.