Idaho Code § 19-2818: Duties of the supreme court upon remand from a federal court.
Where this section sits in the code
- TITLE 19 CRIMINAL PROCEDURE
- CHAPTER 28 APPEALS TO SUPREME 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.
Collected 2026-09-04T11:17:17Z. Source file · JSON