Death Warrant Law and Legal Definition

A death Warrant is an official order authorizing a person's execution. A death warrant specifies the time and place for the execution of the sentence of death.

In the U.S., a judicial or executive official designated by law issues a death or execution warrant. It is issued after trial and conviction; in the case of an appeal, a death warrant is issued after the appeal is exhausted.

When a convict is not executed at the time fixed in the death warrant, s/he is not entitled to be discharged. Then a new date for the execution will be fixed by the proper court. [State v. Joubert, 246 Neb. 287, 291 (Neb. 1994)].

The following is a state statute explaining the grounds for a death warrant and limitations of actions. “A person who is convicted and sentenced to death must pursue all possible collateral remedies within the time limits provided by statute. Failure to seek relief within the statutory time limits constitutes grounds for issuance of a death warrant. Any claim not pursued within the statutory time limits is barred. No claim filed after the time required by law shall be grounds for a judicial stay of any warrant”. [Fla. Stat. § 922.095]