§ 6-2-103 — Review of death sentences; notice from clerk of trial court; factors to be considered by supreme court; disposition of appeal

(a) The judgment of conviction and sentence of death is
subject to automatic review by the supreme court of Wyoming
within one hundred twenty (120) days after certification by the
sentencing court of the entire record, unless the time is
extended for an additional period not to exceed sixty (60) days
by the supreme court for good cause shown. Such review by the
supreme court shall have priority over all other cases.
(b) Within ten (10) days after receiving the transcript,
the clerk of the trial court shall transmit the entire record
and transcript to the supreme court of Wyoming together with a
notice prepared by the clerk and a report prepared by the trial
judge. The notice shall set forth the title and docket number of
the case, the name of the defendant and the name and address of
his attorney, a statement of the judgment, the crime and
punishment prescribed. The report shall be in the form of a
standard questionnaire prepared and supplied by the supreme
court of Wyoming.
(c) The supreme court of Wyoming shall consider the
punishment as well as any errors enumerated by way of appeal.
(d) With regard to the sentence, the court shall determine
if:
(i) The sentence of death was imposed under the
influence of passion, prejudice or any other arbitrary factor;
(ii) The evidence supports the jury's or judge's
finding of an aggravating circumstance as enumerated in W.S.
6-2-102 and mitigating circumstances.
(iii) Repealed by Laws 1989, ch. 171, § 2.
(e) In addition to its authority regarding correction of
errors, the court, with regard to review of death sentences,
may:
(i) Affirm the sentence of death;
(ii) Set the sentence aside and impose a sentence of
life imprisonment without parole, or life imprisonment; or
(iii) Set the sentence aside and remand the case for
resentencing.