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Section 23A-27A-1 - Mitigating and aggravating circumstances considered by judge or jury. - 23A-27A-1. Mitigating and aggravating circumstances considered by judge or jury....
Section 23A-27A-2 - Presentence hearing required--Relevant evidence. - 23A-27A-2. Presentence hearing required--Relevant evidence. In all cases in which...
Section 23A-27A-3 - Jury to determine existence of mitigating or aggravating circumstances--Instructions to jury. - 23A-27A-3. Jury to determine existence of mitigating or aggravating circumstances--Instructions...
Section 23A-27A-4 - Aggravating circumstance and recommendation of death penalty required for Class A felony death sentencing--Life imprisonment--Bench trial or guilty plea. - 23A-27A-4. Aggravating circumstance and recommendation of death penalty required for...
Section 23A-27A-5 - Written designation of aggravating circumstances required. - 23A-27A-5. Written designation of aggravating circumstances required. The jury, if...
Section 23A-27A-6 - Designation by judge in nonjury cases--At least one aggravating circumstance required for death penalty imposition. - 23A-27A-6. Designation by judge in nonjury cases--At least one aggravating...
Section 23A-27A-7 - Sentence of death--Copies of judgment provided to officials. - 23A-27A-7. Sentence of death--Copies of judgment provided to officials. Upon...
Section 23A-27A-8 - Accumulation of prior capital felony records by Supreme Court--Staff and methods. - 23A-27A-8. Accumulation of prior capital felony records by Supreme Court--Staff...
Section 23A-27A-9 - Review by Supreme Court required when death penalty imposed--Procedure. - 23A-27A-9. Review by Supreme Court required when death penalty imposed--Procedure....
Section 23A-27A-10 - Sentence review consolidated with direct appeal--Decision. - 23A-27A-10. Sentence review consolidated with direct appeal--Decision. The sentence review...
Section 23A-27A-11 - Procedure on appeal from capital punishment case--Briefs--Oral argument. - 23A-27A-11. Procedure on appeal from capital punishment case--Briefs--Oral argument. Except...
Section 23A-27A-12 - Factors reviewed by Supreme Court regarding sentence. - 23A-27A-12. Factors reviewed by Supreme Court regarding sentence. With regard...
Section 23A-27A-13 - Reference to similar cases to be included in decision--Death sentence affirmed or set aside--Similar-case records provided to resentencing judge. - 23A-27A-13. Reference to similar cases to be included in decision--Death...
Section 23A-27A-15 - Warrant of death sentence and execution--Time of execution. - 23A-27A-15. Warrant of death sentence and execution--Time of execution. Whenever...
Section 23A-27A-16 - Delivery of defendant with warrant to penitentiary. - 23A-27A-16. Delivery of defendant with warrant to penitentiary. Within ten...
Section 23A-27A-17 - Date and time of execution--Warden to make public announcement. - 23A-27A-17. Date and time of execution--Warden to make public announcement....
Section 23A-27A-19 - Investigation by Governor. - 23A-27A-19. Investigation by Governor. The Governor may make such investigation...
Section 23A-27A-20 - Reprieve or suspension of sentence by Governor during investigation. - 23A-27A-20. Reprieve or suspension of sentence by Governor during investigation....
Section 23A-27A-21 - Power to reprieve or suspend sentence limited to Governor--Exception. - 23A-27A-21. Power to reprieve or suspend sentence limited to Governor--Exception....
Section 23A-27A-22 - Mental incompetence of defendant--Notice to Governor, secretary of corrections, and sentencing court. - 23A-27A-22. Mental incompetence of defendant--Notice to Governor, secretary of corrections,...
Section 23A-27A-22.1 - Hearings and examinations regarding mental competence of defendant--Change in circumstances. - 23A-27A-22.1. Hearings and examinations regarding mental competence of defendant--Change in...
Section 23A-27A-22.2 - Psychiatric examination. - 23A-27A-22.2. Psychiatric examination. Any psychiatric examination ordered pursuant to §23A-27A-22.1...
Section 23A-27A-22.3 - Psychiatric report. - 23A-27A-22.3. Psychiatric report. Any psychiatric report ordered pursuant to §23A-27A-22.1...
Section 23A-27A-22.4 - Video tape record of psychiatric examination. - 23A-27A-22.4. Video tape record of psychiatric examination. Upon written request...
Section 23A-27A-22.5 - Counsel for defendant--Rights afforded at hearing. - 23A-27A-22.5. Counsel for defendant--Rights afforded at hearing. At any hearing...
Section 23A-27A-26.1 - Death penalty not to be imposed on intellectually disabled person. - 23A-27A-26.1. Death penalty not to be imposed on intellectually disabled...
Section 23A-27A-26.2 - Intellectual disability defined. - 23A-27A-26.2. Intellectual disability defined. As used in §§23A-27A-26.1 to 23A-27A-26.7,...
Section 23A-27A-26.3 - Procedures for determining intellectual disability of defendant. - 23A-27A-26.3. Procedures for determining intellectual disability of defendant. Not later...
Section 23A-27A-26.4 - Appeal by state. - 23A-27A-26.4. Appeal by state. If the court enters an order...
Section 23A-27A-26.5 - Examination of defendant by expert designated by state--Videotaped recording--Defendant's statements inadmissible except as to issue of intellectual disability. - 23A-27A-26.5. Examination of defendant by expert designated by state--Videotaped recording--Defendant's...
Section 23A-27A-26.6 - Applicability of §§ 23A-27A-26.1 to 23A-27A-26.7, inclusive. - 23A-27A-26.6. Applicability of §§23A-27A-26.1 to 23A-27A-26.7, inclusive. The provisions of...
Section 23A-27A-26.7 - Inseparability of §§ 23A-27A-26.1 to 23A-27A-26.7, inclusive. - 23A-27A-26.7. Inseparability of §§23A-27A-26.1 to 23A-27A-26.7, inclusive. The provisions of...
Section 23A-27A-27 - Pregnancy of defendant--Examination--Report. - 23A-27A-27. Pregnancy of defendant--Examination--Report. If there is reasonable ground to...
Section 23A-27A-28 - Suspension of sentence if defendant pregnant. - 23A-27A-28. Suspension of sentence if defendant pregnant. If the examination...
Section 23A-27A-29 - Defendant no longer pregnant--Execution warrant issued. - 23A-27A-29. Defendant no longer pregnant--Execution warrant issued. If the execution...
Section 23A-27A-31.1 - Segregation of defendant from other inmates--Access to defendant by others limited. - 23A-27A-31.1. Segregation of defendant from other inmates--Access to defendant by...
Section 23A-27A-31.2 - Confidentiality of identity of person or entity supplying or administering intravenous injection substance--Violation as misdemeanor. - 23A-27A-31.2. Confidentiality of identity of person or entity supplying or...
Section 23A-27A-32 - Place and manner of execution--Qualifications to administer intravenous injection--Substances dispensed to warden without prescription. - 23A-27A-32. Place and manner of execution--Qualifications to administer intravenous injection--Substances...
Section 23A-27A-32.1 - Execution of persons convicted before July 1, 2007--Choice of manner of execution. - 23A-27A-32.1. Execution of persons convicted before July 1, 2007--Choice of...
Section 23A-27A-33 - Place for persons and equipment provided at penitentiary. - 23A-27A-33. Place for persons and equipment provided at penitentiary. The...
Section 23A-27A-34 - Attendance at execution by attorney general, sentencing judge, state's attorney, sheriff, representatives of victim, news media, and additional citizens approved by warden. - 23A-27A-34. Attendance at execution by attorney general, sentencing judge, state's...
Section 23A-27A-34.1 - Attendance at execution by person trained to pronounce death, corrections staff, and law enforcement officers. - 23A-27A-34.1. Attendance at execution by person trained to pronounce death,...
Section 23A-27A-34.2 - Witnesses permitted to defendant at execution. - 23A-27A-34.2. Witnesses permitted to defendant at execution. The defendant is...
Section 23A-27A-36 - Other persons not permitted to attend. - 23A-27A-36. Other persons not permitted to attend. The warden may...
Section 23A-27A-37 - Secrecy of execution time--Disclosure as misdemeanor. - 23A-27A-37. Secrecy of execution time--Disclosure as misdemeanor. Prior to the...
Section 23A-27A-37.1 - Disability of warden--Appointment of deputy or other officer. - 23A-27A-37.1. Disability of warden--Appointment of deputy or other officer. In...
Section 23A-27A-37.2 - Postmortem examination by county coroner. - 23A-27A-37.2. Postmortem examination by county coroner. After the execution, the...
Section 23A-27A-37.3 - Autopsy. - 23A-27A-37.3. Autopsy. Following the death of the defendant by execution,...
Section 23A-27A-39 - Interment of body unless claimed by relative. - 23A-27A-39. Interment of body unless claimed by relative. After the...
Section 23A-27A-40.1 - Certificate of execution. - 23A-27A-40.1. Certificate of execution. The warden or corrections official attending...
Section 23A-27A-42 - Death penalty prohibited for defendant younger than eighteen when offense committed. - 23A-27A-42. Death penalty prohibited for defendant younger than eighteen when...
Section 23A-27A-43 - Immunity of persons participating and cooperating in execution. - 23A-27A-43. Immunity of persons participating and cooperating in execution. Any...
Section 23A-27A-44 - Effect of amendment and repeal of sections. - 23A-27A-44. Effect of amendment and repeal of sections. As to...