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·Title 19 CRIMINAL PROCEDURE·Ch. 28 APPEALS TO SUPREME 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.

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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.

Idaho § 19-2818 (DUTIES OF THE SUPREME COURT UPON REMAND FROM A FEDERAL COURT) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.