Colorado § 16-12-103 - Stays of execution.
Full text of Colorado Colorado Revised Statutes § 16-12-103 — Stays of execution., with citation guidance and answers to common questions.
§ 16-12-103. Stays of execution.
When a person has been convicted of an offense and a notice of appeal is filed, he shall be entitled to a stay of execution by compliance with the provisions and requirements of the applicable rules of the supreme court of Colorado.
Source: L. 72: R&RE, p. 253, § 1. C.R.S. 1963: § 39-12-103.
Cross references: For stay of execution in criminal appeals from county courts, see Crim. P. 37(f); for stay of execution in criminal appeals from district courts, see C.A.R. 8.1.
ANNOTATION
Law reviews. For article, "Colorado Criminal Procedure — Does It Meet Minimum Standards?", see 28 Dicta 14 (1951).
Annotator's note. Since § 16-12-103 is similar to repealed § 39-7-28, CRS 53, and laws antecedent to CSA, C. 48, § 501, relevant cases construing those provisions have been included in the annotations to this section.
A stay of execution supersedes the judgment of the court below, and provides that no steps should be taken towards execution. Ritchey v. People, 22 Colo. 251, 43 P. 1026 (1896).
It is not dependent upon the question of bail; but if, in the opinion of the court, the party ought to be let to bail pending the proceedings, an order for that purpose may also be made. Ritchey v. People, 22 Colo. 251, 43 P. 1026 (1896).
Refusal to stay execution was abuse of discretion. Where a petitioner is adjudged guilty of contempt of court for refusal to answer questions before the grand jury and is sentenced to four months in jail, refusal of the trial court to stay execution or admit the petitioner to bail pending review by the supreme court is an abuse of discretion. Smaldone v. People, 153 Colo. 208, 385 P.2d 127 (1963).
PART 2
UNITARY REVIEW IN DEATH PENALTY CASES
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 16-12-103
What does Colorado Revised Statutes § 16-12-103 cover?
Section 16-12-103 ("Stays of execution.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 16-12-103?
A common citation format is "Colorado Revised Statutes § 16-12-103" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 16-12-103 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.