13-755. Death sentences; supreme court
review
A. The supreme court shall review all death sentences. On review, the supreme
court shall independently review the trial court's findings of aggravation and mitigation
and the propriety of the death sentence.
B. If the supreme court determines that an error was made regarding a finding of
aggravation or mitigation, the supreme court shall independently determine if the
mitigation the supreme court finds is sufficiently substantial to warrant leniency in
light of the existing aggravation. If the supreme court finds that the mitigation is not
sufficiently substantial to warrant leniency, the supreme court shall affirm the death
sentence. If the supreme court finds that the mitigation is sufficiently substantial to
warrant leniency, the supreme court shall impose a life sentence pursuant to section
13-751, subsection A.
C. The independent review required by subsection A does not preclude the supreme
court from remanding a case for further action if the trial court erroneously excluded
evidence or if the appellate record does not adequately reflect the evidence presented.
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