TITLE 19

CRIMINAL PROCEDURE

CHAPTER 28

APPEALS TO SUPREME COURT

19-2827.  Review of death sentences — Preservation of records. (a) Whenever the death penalty is imposed, and upon the judgment becoming final in the trial court, the sentence shall be reviewed on the record by the supreme court of Idaho. The clerk of the trial court, within ten (10) days after receiving the transcript, shall transmit the entire record and transcript to the supreme court of Idaho and to the attorney general together with a notice prepared by the clerk and, if a jury has been waived for sentencing, a report prepared by the trial judge setting forth the findings required by section 19-2515(8)(b), Idaho Code, and such other matters concerning the sentence imposed as may be required by the supreme court. The notice shall set forth the title and docket number of the case, the name of the defendant and the name and address of his attorney(s), a narrative statement of the judgment, the offense, and punishment prescribed. The report may be in the form of a standard questionnaire prepared and supplied by the supreme court of Idaho.

(b)  The supreme court of Idaho shall consider the punishment as well as any errors enumerated by way of appeal.

(c)  With regard to the sentence the court shall determine:

(1)  Whether the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor; and

(2)  Whether the evidence supports the jury’s or judge’s finding of a statutory aggravating circumstance from among those enumerated in section 19-2515, Idaho Code.

(d)  Both the defendant and the state shall have the right to submit briefs within the time provided by the court, and to present oral argument to the court.

(e)  In addition to its authority regarding correction of errors, the court, with regard to review of death sentences, shall be authorized to:

(1)  Affirm the sentence of death; or

(2)  Set the sentence aside and remand the case for resentencing by a jury or, if waived, the trial judge.

(f)  The sentence review shall be in addition to direct appeal, if taken, and the review and appeal shall be consolidated for consideration.

(g)  The supreme court shall collect and preserve the records of all cases in which the penalty of death was imposed from and including the year 1975.

History:

[19-2827, added 1977, ch. 154, sec. 5, p. 393; am. 1994, ch. 127, sec. 1, p. 285; am. 2006, ch. 155, sec. 1, p. 470.]