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House Journal: Page 481: Wednesday, February 22, 1995

26   provided in the original sentence.  A copy of the
27   order shall be sent to the director of the department
28   of corrections and the governor.
29     4.  If, at the conclusion of a hearing held
30   pursuant to this section, the court determines that
31   the convict is insane, the court shall suspend the
32   execution until further order.  At any time after
33   issuance of the order, if the court has sufficient
34   reason to believe that the inmate has become sane, the
35   court shall again determine the sanity of the inmate
36   as provided by this section.  Proceedings pursuant to
37   this section may continue to be held at such times as
38   the court orders until it is either determined that
39   the inmate is sane or incurably insane.
40     Sec. 4.  NEW SECTION.  814.28  REVIEW OF DEATH
41   SENTENCE.
42     1.  In a case in which a sentence of death is
43   imposed, the supreme court shall automatically review
44   the judgment and sentence.  The court's review of the
45   case shall be de novo.  The case shall not be
46   transferred to the court of appeals.
47     2.  A review by the supreme court of a judgment and
48   sentence imposing the punishment of death has priority
49   over all other criminal and other actions pending
50   before the supreme court.
Page   3
 1     3.  The supreme court shall review the trial and
 2   judgment, and separately shall review the sentencing
 3   proceeding.  Upon determining that errors did not
 4   occur at the trial requiring reversal or modification
 5   of the judgment, the supreme court shall proceed to
 6   determine if the sentence of death is lawfully
 7   imposed.  In its review of the sentencing proceeding
 8   the supreme court shall determine all of the
 9   following:
10     a.  Whether the sentence of death was imposed
11   capriciously or under the influence of prejudice or
12   other arbitrary factor.
13     b.  Whether the special verdicts returned under
14   section 901.11 are supported by the evidence.
15     c.  Whether the sentence of death is excessive or
16   disproportionate to the penalty imposed in similar
17   cases, considering both the crime and the defendant.
18     4.  If the supreme court determines that the
19   sentence of death was not lawfully imposed, the court
20   shall set aside the sentence and shall remand the case
21   to the trial court for imposition of a sentence of
22   life imprisonment.
23     5.  If the supreme court affirms the judgment and
24   sentence of death, the clerk of the supreme court
25   shall certify the judgment of the supreme court under
26   the seal of the court to the clerk of the trial court.

Iowa General Assembly

Index: House Journal (76th General Assembly: Session 1)

© 1995 Cornell College and League of Women Voters of Iowa

Comments? hjourn@legis.iowa.gov.

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URL: /DOCS/GA/76GA/Session.1/HJournal/00400/00481.html
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