Opinion
No. 85-877
Decided October 7, 1987.
Criminal law — Aggravated murder — Death penalty upheld — Stays of execution pending exhaustion of state post-conviction proceedings.
ON MOTION FOR CONTINUANCE OF STAY OF EXECUTION.
Stay granted pursuant to the new policy of this court that in all death penalty cases, where a motion for stay of execution pending exhaustion of state post-conviction proceedings has been filed, a stay will be granted for a period of six months during which time period a petition for post-conviction relief must be filed. No further time will be granted except in unusual circumstances. Absent such a filing within said time period, such stay will expire. If a petition for post-conviction relief has been filed within the time allotted, the previous stay granted shall remain in effect until exhaustion of all state post-conviction proceedings, including any appeals.
MOYER, C.J., SWEENEY, LOCHER, HOLMES, DOUGLAS, WRIGHT and H. BROWN, JJ., concur.