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

State Codes and Statutes

Statutes > Idaho > Title19 > T19ch28 > T19ch28sect19-2818

TITLE 19

CRIMINAL PROCEDURE

CHAPTER 28

APPEALS TO SUPREME 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.

State Codes and Statutes

Statutes > Idaho > Title19 > T19ch28 > T19ch28sect19-2818

TITLE 19

CRIMINAL PROCEDURE

CHAPTER 28

APPEALS TO SUPREME 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.

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State Codes and Statutes

Statutes > Idaho > Title19 > T19ch28 > T19ch28sect19-2818

TITLE 19

CRIMINAL PROCEDURE

CHAPTER 28

APPEALS TO SUPREME 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.