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stay of execution wikipedia jump to content main menu main menu move to sidebar hide navigation main page contents current events random article about wikipedia contact us contribute help learn to edit community portal recent changes upload file special pages search search appearance donate create account log in personal tools donate create account log in contents move to sidebar hide top 1 death penalty stays 2 references toggle the table of contents stay of execution 3 languages hausa עברית bahasa indonesia edit links article talk english read edit view history tools tools move to sidebar hide actions read edit view history general what links here related changes upload file permanent link page information cite this page get shortened url switch to legacy parser print export download as pdf printable version in other projects wikidata item appearance move to sidebar hide from wikipedia the free encyclopedia temporary order to stop a court judgment from being executed pending review for the short story collection see stay of execution short story collection a stay of execution law latin cesset executio let execution cease is a court order to temporarily suspend the execution of a court judgment or other court order 1 the word execution refers to the imposition of whatever judgment is being stayed and is similar to an injunction a stay can be granted automatically by operation of law or by order of a court either following a motion or by agreement of the parties 2 if a party appeals a decision any judgment issued by the original court may be stayed until the appeal is resolved death penalty stays edit in cases that the death penalty has been imposed a stay of execution is often sought to defer the execution of the convicted person that may occur if new evidence is discovered to exonerate the convicted person or in attempts to have the sentence commuted to life imprisonment in the united states all death sentences are automatically stayed pending a direct review by an appeals court if the death sentence is found to be legally sound the stay is lifted one example of a stay of execution in the death penalty context was the james autry case autry was already strapped down to the execution table in texas on 4 october 1983 when the order came to stop the execution he was executed a few months later on 14 march 1984 us district court judge nanette laughrey granted a stay of execution on 19 november 2013 in response to a motion by the lawyers of joseph paul franklin that the use of the drug pentobarbital in a lethal injection would constitute cruel and unusual punishment 3 the following day the us supreme court upheld an appeals court decision to lift the stay of execution franklin was put to death on 20 november 2013 another case is that of kho jabing in singapore kho who was a malaysian detained on death row for the murder of chinese national cao ruyin received a death warrant which ordered that his execution was to be carried out on 6 november 2015 through his lawyer kho managed to suspend his execution while pending a newly filed last minute appeal against his sentence earlier on in 2013 while he had spent three years on death row for killing cao ruyin during a robbery in 2008 changes to the law had officially abolished the mandatory death penalty for murder committed with no intention to kill and included an alternative sentence of life imprisonment with caning for such a crime which allowed all death row inmates to apply to reduce their sentences kho was eligible for such an entitlement and received a life sentence with 24 strokes of the cane however he was once again sentenced to death upon the prosecution s appeal to the higher courts of singapore in early 2015 which was narrowly allowed by a majority vote of 3 2 as the majority of the judges found that the manner of killing demonstrated both viciousness and a blatant disregard for human life which would make it more appropriate for kho to be hanged rather than having him jailed for life 4 5 after the suspension of kho s execution a few months later in april 2016 kho lost his appeal as the court of appeal found there was little new material and evidence for the court to conclude that there was a miscarriage of justice in kho s case and not convincing enough for the court to reopen the concluded 2015 criminal appeal 6 later a new date was set for the execution to take place and it was released with the death warrant ordering that kho should be executed at dawn on 20 may 2016 however this execution was once again postponed by another stay of execution granted in view of an appeal filed the night before kho s execution the appeal was thrown out the next morning since the court felt that the defence was just rehashing their old arguments which the court believed amounted to an abuse of the court which led to the judges to strongly and critically reprimand kho s lawyers for their conduct shortly after the rejection of his final appeal kho was then hanged on the afternoon of 20 may 2016 7 references edit stay of execution wex cornell law school retrieved 17 october 2021 see e g frcp rule 62 stay of proceedings to enforce a judgment legal information institute cornell law school 30 november 2011 retrieved 17 october 2021 matt smith 19 november 2013 judge grants stay of execution for serial killer joseph paul franklin cnn retrieved 1 april 2019 abu baker jalelah 16 january 2015 murderer fails to escape the gallows 6 other cases involving the revised death penalty laws the straits times retrieved 18 may 2020 sarawak murder convict granted stay of execution after filing 11th hour motion the straits times 5 november 2015 retrieved 16 november 2020 jabing kho to hang after bid to commute sentence fails today singapore 5 april 2016 retrieved 12 july 2020 kho jabing hanged after bid to defer execution fails lawyers receive ticking off from court today singapore 20 may 2016 retrieved 12 july 2020 retrieved from https en wikipedia org w index php title stay_of_execution oldid 1350181693 categories capital punishment court orders hidden categories use dmy dates from january 2023 articles with short description short description is different from wikidata this page was last edited on 20 april 2026 at 16 06 utc page was rendered with parsoid text is available under the creative commons attribution sharealike 4 0 license additional terms may apply by using this site you agree to the terms of use and privacy policy wikipedia is a registered trademark of the wikimedia foundation inc a non profit organization privacy policy about wikipedia disclaimers contact wikipedia legal safety contacts code of conduct developers statistics cookie statement mobile view search search toggle the table of contents stay of execution 3 languages add topic