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.]
Structure Idaho Code
Chapter 28 - APPEALS TO SUPREME COURT
Section 19-2801 - CRIMINAL JUDGMENTS AND ORDERS APPEALABLE — TIME FOR TAKING APPEALS.
Section 19-2802 - STAY OF EXECUTION — CUSTODY OF DEFENDANT.
Section 19-2803 - RECORD ON APPEAL — ORAL ARGUMENT — EXHIBITS — PRESENTENCE REPORT ON APPEAL.
Section 19-2818 - DUTIES OF THE SUPREME COURT UPON REMAND FROM A FEDERAL COURT.
Section 19-2827 - REVIEW OF DEATH SENTENCES — PRESERVATION OF RECORDS.