Idaho § 19-2818 DUTIES OF THE SUPREME COURT UPON REMAND FROM A FEDERAL COURT

Idaho Statutes

§ 19-2818 — DUTIES OF THE SUPREME COURT UPON REMAND FROM A FEDERAL COURT

Idaho § 19-2818

Title 19CRIMINAL PROCEDURE

Ch. 28APPEALS TO SUPREME COURT

This text of Idaho § 19-2818 (DUTIES OF THE SUPREME COURT UPON REMAND FROM A FEDERAL COURT) is published on Counsel Stack Legal Research, covering Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Idaho Code § 19-2818 (2026).

Text

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.