2005 Idaho Code - 19-2818 — DUTIES OF THE SUPREME COURT UPON REMAND FROM A FEDERAL COURT

                                  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.