(a) Whenever the death penalty is imposed, and upon the judgment becoming final in the trial court, the sentence shall be reviewed on the record by the supreme court of Idaho. The clerk of the trial court, within ten (10) days after receiving the transcript, shall transmit the entire record and transcript to the supreme court of Idaho and to the attorney general together with a notice prepared by the clerk and, if a jury has been waived for sentencing, a report prepared by the trial judge setting forth the findings required by section 19-2515(8)(b), Idaho Code, and such other matters concerning the sentence imposed as may be required by the supreme court. 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(s), a narrative statement of the judgment, the offense, and punishment prescribed. The report may be in the form of a standard questionnaire prepared and supplied by the supreme court of Idaho.
(b)  The supreme court of Idaho shall consider the punishment as well as any errors enumerated by way of appeal.

Terms Used In Idaho Code 19-2827

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Docket: A log containing brief entries of court proceedings.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(c)  With regard to the sentence the court shall determine:
(1)  Whether the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor; and
(2)  Whether the evidence supports the jury’s or judge’s finding of a statutory aggravating circumstance from among those enumerated in section 19-2515, Idaho Code.
(d)  Both the defendant and the state shall have the right to submit briefs within the time provided by the court, and to present oral argument to the court.
(e)  In addition to its authority regarding correction of errors, the court, with regard to review of death sentences, shall be authorized to:
(1)  Affirm the sentence of death; or
(2)  Set the sentence aside and remand the case for resentencing by a jury or, if waived, the trial judge.
(f)  The sentence review shall be in addition to direct appeal, if taken, and the review and appeal shall be consolidated for consideration.
(g)  The supreme court shall collect and preserve the records of all cases in which the penalty of death was imposed from and including the year 1975.