Idaho Code
Idaho Code § 19-2802 (2026)
Stay of execution — Custody of defendant.
✓ current as of May 2026
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Stay of execution — Custody of defendant.
An appeal to the supreme court from a judgment of conviction stays the execution of the judgment in all capital cases, and in all other cases the judgment may be stayed by the district court or the supreme court as provided by rule of the supreme court. Custody of the defendant shall be specified by the district court or in any order staying execution of the judgment.
Notes of Decisions
Cited in 3
cases, 1983–1986 · leading case: State v. Wilson, 672 P.2d 237 (Idaho Ct. App. 1984).
State v. Wilson, 672 P.2d 237 (Idaho Ct. App. 1984). “I.C. § 19-2802; I.C.R. 38(b). BURNETT, J.”
State v. Wilson, 672 P.2d 247 (Idaho Ct. App. 1983). “I.C. § 19-2802; I.C.R. 38(b). BURNETT, J.”
Sivak v. State, 730 P.2d 1047 (Idaho Ct. App. 1986). “See I.C. §§ 19-2802, 19-2903; I.C.R. 38(b). Consequently, even if Sivak had not been confined at a facility operated by the Board of Correction, he would have been confined at a county jail.”
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