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Current as of January 01, 2024 | Updated by Findlaw Staff
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.
Cite this article: FindLaw.com - Idaho Statutes Title 19. Criminal Procedure § 19-2818. Duties of the supreme court upon remand from a federal court - last updated January 01, 2024 | https://codes.findlaw.com/id/title-19-criminal-procedure/id-st-sect-19-2818/
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