532.075 Review of death sentence by Supreme Court.
538 words·~2 min read·
/ky/chapter-532/532-075A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Whenever the death penalty is imposed for a capital offense, and upon the judgment
becoming final in the Circuit Court, the sentence shall be reviewed on the record by
the Supreme Court. The circuit clerk, within ten
(10)days after receiving the
transcript, shall transmit the entire record and transcript to the Supreme Court
together with a notice prepared by the clerk and a report prepared by the trial judge.
The notice shall set forth the title docket number of the case, the name of the
defendant and the name and address of his attorney, a narrative statement of the
judgment, the offense, and the punishment prescribed. The report shall be in the
form of a standard questionnaire prepared and supplied by the Supreme Court.
(2)The Supreme Court shall consider the punishment as well as any errors enumerated
by way of appeal.
(3)With regard to the sentence, the court shall determine:
(a)Whether the sentence of death was imposed under the influence of passion,
prejudice, or any other arbitrary factor, and
(b)Whether the evidence supports the jury's or judge's finding of statutory
aggravating circumstances as enumerated in KRS 532.025(2), and
(c)Whether the sentence of death is excessive or disproportionate to the penalty
imposed in similar cases, considering both the crime and the defendant.
(4)Both the defendant and the Commonwealth shall have the right to submit briefs
within the time provided by the court, and to present oral argument to the court.
(5)The court shall include in its decision a reference to those similar cases which it
took into consideration. In addition to its authority regarding correction of errors,
the court, with regard to review of death sentences, shall be authorized to:
(a)Affirm the sentence of death; or
(b)Set the sentence aside and remand the case for resentencing by the trial judge
based on the record and argument of counsel. The records of those similar
cases referred to by the Supreme Court in its decision, and the extracts
prepared as hereinafter provided for, shall be provided to the resentencing
judge for his consideration.
(6)The Chief Justice shall assign to an administrative assistant who is an attorney the
following duties:
(a)To accumulate the records of all felony offenses in which the death penalty
was imposed after January 1, 1970, or such earlier date as the court may deem
appropriate.
(b)To provide the court with whatever extracted information it desires with
respect thereto, including but not limited to a synopsis or brief of the facts in
the record concerning the crime and the defendant.
(c)To compile such data as are deemed by the Chief Justice to be appropriate and
relevant to the statutory questions concerning the validity of the sentence.
(7)The administrative office of the courts shall provide such staff, services, and data as
are necessary to proper consideration of any matter relating to the imposition of the
death penalty in any case.
(8)The sentence review shall be in addition to the direct appeal, if taken, and the
review and appeal shall be consolidated. The court shall render its decision on legal
errors enumerated, the factual substantiation of the verdict, and the validity of the
sentence.