TITLE 19

CRIMINAL PROCEDURE

CHAPTER 28

APPEALS TO SUPREME COURT

19-2818.  Duties of the supreme court upon remand from a federal court. In the event a sentence of death is returned by a federal court for further proceedings in the state courts, the Idaho supreme court shall consider whether any legal or factual error alleged by a federal court may be corrected without remanding the cause to the district court and shall: (a) make any specific fact findings required by a federal court when such findings are implicit in the judgment of the district court, though not expressly stated; (b) correct any formal error that may be corrected by reference to the record without remanding to the district court for resentencing; (c) make such findings as may be necessary to uphold a death sentence and can be made on the record without remanding the cause to the district court for further proceedings.

History:

[19-2818, added 1995, ch. 140, sec. 5, p. 598.]