A. A sentence of death, upon the judgment thereon becoming final in thecircuit court, shall be reviewed on the record by the Supreme Court.
B. The proceeding in the circuit court shall be transcribed as expeditiouslyas practicable, and the transcript filed forthwith upon transcription withthe clerk of the circuit court, who shall, within ten days after receipt ofthe transcript, compile the record as provided in Rule 5:14 and transmit itto the Supreme Court.
C. In addition to consideration of any errors in the trial enumerated byappeal, the court shall consider and determine:
1. Whether the sentence of death was imposed under the influence of passion,prejudice or any other arbitrary factor; and
2. Whether the sentence of death is excessive or disproportionate to thepenalty imposed in similar cases, considering both the crime and thedefendant.
D. In addition to the review and correction of errors in the trial of thecase, with respect to review of the sentence of death, the court may:
1. Affirm the sentence of death;
2. Commute the sentence of death to imprisonment for life; or
3. Remand to the trial court for a new sentencing proceeding.
E. The Supreme Court may accumulate the records of all capital felony casestried within such period of time as the court may determine. The court shallconsider such records as are available as a guide in determining whether thesentence imposed in the case under review is excessive. Such records as areaccumulated shall be made available to the circuit courts.
F. Sentence review shall be in addition to appeals, if taken, and review andappeal may be consolidated. The defendant and the Commonwealth shall have theright to submit briefs within time limits imposed by the court, either byrule or order, and to present oral argument.
G. The Supreme Court shall, in setting its docket, give priority to thereview of cases in which the sentence of death has been imposed over othercases pending in the Court. In setting its docket, the Court shall also givepriority to the consideration and disposition of petitions for writs ofhabeas corpus filed by prisoners held under sentence of death.
(1977, c. 492, §§ 17-110.1, 17-110.2; 1983, c. 519; 1995, c. 503; 1998, c.872.)
A. A sentence of death, upon the judgment thereon becoming final in thecircuit court, shall be reviewed on the record by the Supreme Court.
B. The proceeding in the circuit court shall be transcribed as expeditiouslyas practicable, and the transcript filed forthwith upon transcription withthe clerk of the circuit court, who shall, within ten days after receipt ofthe transcript, compile the record as provided in Rule 5:14 and transmit itto the Supreme Court.
C. In addition to consideration of any errors in the trial enumerated byappeal, the court shall consider and determine:
1. Whether the sentence of death was imposed under the influence of passion,prejudice or any other arbitrary factor; and
2. Whether the sentence of death is excessive or disproportionate to thepenalty imposed in similar cases, considering both the crime and thedefendant.
D. In addition to the review and correction of errors in the trial of thecase, with respect to review of the sentence of death, the court may:
1. Affirm the sentence of death;
2. Commute the sentence of death to imprisonment for life; or
3. Remand to the trial court for a new sentencing proceeding.
E. The Supreme Court may accumulate the records of all capital felony casestried within such period of time as the court may determine. The court shallconsider such records as are available as a guide in determining whether thesentence imposed in the case under review is excessive. Such records as areaccumulated shall be made available to the circuit courts.
F. Sentence review shall be in addition to appeals, if taken, and review andappeal may be consolidated. The defendant and the Commonwealth shall have theright to submit briefs within time limits imposed by the court, either byrule or order, and to present oral argument.
G. The Supreme Court shall, in setting its docket, give priority to thereview of cases in which the sentence of death has been imposed over othercases pending in the Court. In setting its docket, the Court shall also givepriority to the consideration and disposition of petitions for writs ofhabeas corpus filed by prisoners held under sentence of death.
(1977, c. 492, §§ 17-110.1, 17-110.2; 1983, c. 519; 1995, c. 503; 1998, c.872.)
A. A sentence of death, upon the judgment thereon becoming final in thecircuit court, shall be reviewed on the record by the Supreme Court.
B. The proceeding in the circuit court shall be transcribed as expeditiouslyas practicable, and the transcript filed forthwith upon transcription withthe clerk of the circuit court, who shall, within ten days after receipt ofthe transcript, compile the record as provided in Rule 5:14 and transmit itto the Supreme Court.
C. In addition to consideration of any errors in the trial enumerated byappeal, the court shall consider and determine:
1. Whether the sentence of death was imposed under the influence of passion,prejudice or any other arbitrary factor; and
2. Whether the sentence of death is excessive or disproportionate to thepenalty imposed in similar cases, considering both the crime and thedefendant.
D. In addition to the review and correction of errors in the trial of thecase, with respect to review of the sentence of death, the court may:
1. Affirm the sentence of death;
2. Commute the sentence of death to imprisonment for life; or
3. Remand to the trial court for a new sentencing proceeding.
E. The Supreme Court may accumulate the records of all capital felony casestried within such period of time as the court may determine. The court shallconsider such records as are available as a guide in determining whether thesentence imposed in the case under review is excessive. Such records as areaccumulated shall be made available to the circuit courts.
F. Sentence review shall be in addition to appeals, if taken, and review andappeal may be consolidated. The defendant and the Commonwealth shall have theright to submit briefs within time limits imposed by the court, either byrule or order, and to present oral argument.
G. The Supreme Court shall, in setting its docket, give priority to thereview of cases in which the sentence of death has been imposed over othercases pending in the Court. In setting its docket, the Court shall also givepriority to the consideration and disposition of petitions for writs ofhabeas corpus filed by prisoners held under sentence of death.
(1977, c. 492, §§ 17-110.1, 17-110.2; 1983, c. 519; 1995, c. 503; 1998, c.872.)
