13-4024
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13-4024. Untimely or successive motions A. A motion for an examination under section 13-4022 that is filed fewer than twenty days before a scheduled execution is untimely and shall not be considered by the court unless it is accompanied by both of the following: 1. At least one affidavit from a licensed physician or licensed psychologist who has examined the prisoner that states the physician's or psychologist's opinion that the prisoner is not competent to be executed. 2. A statement that establishes good cause for the failure to file the motion in a timely manner. B. A motion that is filed fewer than twenty days before a scheduled execution shall be served on the state department of corrections and the attorney representing the state in the criminal proceeding. The filing of an untimely motion constitutes consent by the prisoner to be evaluated by a mental health expert who is designated by the state department of corrections. The mental health expert shall report the expert's findings to the superior court and the parties as expediently as practicable. If the prisoner fails to cooperate with an evaluation, the court shall dismiss the motion. C. If the superior court denies a motion for an examination under section 13-4022 or determines that the prisoner is competent for execution, no further hearings on competency may be granted unless the successive motion is accompanied by an affidavit from a physician who is licensed pursuant to title 32, chapter 13 or 17 or a psychologist who is licensed pursuant to title 32, chapter 19.1 and who has examined the prisoner and the affidavit shows a substantial change of circumstances since the previous motion for hearing was denied or the prior determination of competency was made and the showing is sufficient to raise a significant question about the prisoner's competency to be executed. |