2018 Idaho Statutes
Title 19 - CRIMINAL PROCEDURE
Chapter 28 - APPEALS TO SUPREME COURT
Section 19-2818 - DUTIES OF THE SUPREME COURT UPON REMAND FROM A FEDERAL 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.
[19-2818, added 1995, ch. 140, sec. 5, p. 598.]
Disclaimer: These codes may not be the most recent version. Idaho may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.