{"data":{"id":"us-ky/krs-532.075","jurisdiction":"us-ky","citation":"KRS 532.075","heading":"Review of death sentence by Supreme Court.","body":"(1) Whenever the death penalty is imposed for a capital offense, and upon the judgment\nbecoming final in the Circuit Court, the sentence shall be reviewed on the record by\nthe Supreme Court. The circuit clerk, within ten (10) days after receiving the\ntranscript, shall transmit the entire record and transcript to the Supreme Court\ntogether with a notice prepared by the clerk and a report prepared by the trial judge.\nThe notice shall set forth the title docket number of the case, the name of the\ndefendant and the  name and address of his attorney, a narrative statement of the\njudgment, the offense, and the punishment prescribed. The report shall be in the\nform of a standard questionnaire prepared and supplied by the Supreme Court.\n(2) The Supreme Court shall consid er the punishment as well as any errors enumerated\nby way of appeal.\n(3) With regard to the sentence, the court shall determine:\n(a) Whether the sentence of death was imposed under the influence of passion,\nprejudice, or any other arbitrary factor, and\n(b) Whether the evidence supports the jury's or judge's finding of statutory\naggravating circumstances as enumerated in KRS 532.025(2), and\n(c) Whether the sentence of death is excessive or disproportionate to the penalty\nimposed in similar cases, considering both the crime and the defendant.\n(4) Both the defendant and the Commonwealth shall have the right to submit briefs\nwithin the time provided by the court, and to present oral argument to the court.\n(5) The court shall include in its decision a reference t o those similar cases which it\ntook into consideration. In addition to its authority regarding correction of errors,\nthe court, with regard to review of death sentences, shall be authorized to:\n(a) Affirm the sentence of death; or\n(b) Set the sentence asid e and remand the case for resentencing by the trial judge\nbased on the record and argument of counsel. The records of those similar\ncases referred to by the Supreme Court in its decision, and the extracts\nprepared as hereinafter provided for, shall be prov ided to the resentencing\njudge for his consideration.\n(6) The Chief Justice shall assign to an administrative assistant who is an attorney the\nfollowing duties:\n(a) To accumulate the records of all felony offenses in which the death penalty\nwas imposed after January 1, 1970, or such earlier date as the court may deem\nappropriate.\n(b) To provide the court with whatever extracted information it desires with\nrespect thereto, including but not limited to a synopsis or brief of the facts in\nthe record concerning the crime and the defendant.\n(c) To compile such data as are deemed by the Chief Justice to be appropriate and\nrelevant to the statutory questions concerning the validity of the sentence.\n(7) The administrative office of the courts shall provide such staff, services, and data as\nare necessary to proper consideration of any matter relating to the imposition of the\ndeath penalty in any case.\n(8) The sentence review shall be in addition to the dir ect appeal, if taken, and the\nreview and appeal shall be consolidated. The court shall render its decision on legal\nerrors enumerated, the factual substantiation of the verdict, and the validity of the\nsentence.","path":["KRS Chapter 532"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=20044","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T21:00:05Z","sha256":"d57a903fab80628e87938e1f3b222bcfd9c35e9d4908ee2ef54ff2e280241e05","source_id":"us-ky","stale":false,"prev":"us-ky/krs-532.070","next":"us-ky/krs-532.080"},"notice":"GroundRules: Original legal text. Not legal advice."}