23A-27A-12. Factors reviewed by Supreme Court regarding sentence.
76 words·~1 min read·
/sd/title-23/chapter-23-27/23a-27a-12·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
With regard to the sentence, the Supreme 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 as enumerated in § 23A-27A-1 ; and
(3)Whether the sentence of death is excessive or disproportionate to the penalty imposed in similar cases, considering both the crime and the defendant.