565.035. Supreme court to review all death sentences, procedure--powers of court--assistant to court authorized, duties.
Supreme court to review all death sentences, procedure--powers ofcourt--assistant to court authorized, duties.
565.035. 1. Whenever the death penalty is imposed in anycase, and upon the judgment becoming final in the trial court,the sentence shall be reviewed on the record by the supreme courtof Missouri. The circuit clerk of the court trying the case,within ten days after receiving the transcript, shall transmitthe entire record and transcript to the supreme court togetherwith a notice prepared by the circuit clerk and a report preparedby the trial judge. The notice shall set forth the title anddocket number of the case, the name of the defendant and the nameand address of his attorney, a narrative statement of thejudgment, the offense, and the punishment prescribed. The reportby the judge shall be in the form of a standard questionnaireprepared and supplied by the supreme court of Missouri.
2. The supreme court of Missouri shall consider thepunishment as well as any errors enumerated by way of appeal.
3. With regard to the sentence, the supreme court shalldetermine:
(1) Whether the sentence of death was imposed under theinfluence of passion, prejudice, or any other arbitrary factor;and
(2) Whether the evidence supports the jury's or judge'sfinding of a statutory aggravating circumstance as enumerated insubsection 2 of section 565.032 and any other circumstance found;
(3) Whether the sentence of death is excessive ordisproportionate to the penalty imposed in similar cases,considering both the crime, the strength of the evidence and thedefendant.
4. Both the defendant and the state shall have the right tosubmit briefs within the time provided by the supreme court, andto present oral argument to the supreme court.
5. The supreme court shall include in its decision areference to those similar cases which it took intoconsideration. In addition to its authority regarding correctionof errors, the supreme court, with regard to review of deathsentences, shall be authorized to:
(1) Affirm the sentence of death; or
(2) Set the sentence aside and resentence the defendant tolife imprisonment without eligibility for probation, parole, orrelease except by act of the governor; or
(3) Set the sentence aside and remand the case for retrialof the punishment hearing. A new jury shall be selected or ajury may be waived by agreement of both parties and then thepunishment trial shall proceed in accordance with this chapter,with the exception that the evidence of the guilty verdict shallbe admissible in the new trial together with the officialtranscript of any testimony and evidence properly admitted ineach stage of the original trial where relevant to determinepunishment.
6. There shall be an assistant to the supreme court, whoshall be an attorney appointed by the supreme court and who shallserve at the pleasure of the court. The court shall accumulatethe records of all cases in which the sentence of death or lifeimprisonment without probation or parole was imposed after May26, 1977, or such earlier date as the court may deem appropriate.The assistant shall provide the court with whatever extractedinformation the court desires with respect thereto, including butnot limited to a synopsis or brief of the facts in the recordconcerning the crime and the defendant. The court shall beauthorized to employ an appropriate staff, within the limits ofappropriations made for that purpose, and such methods to compilesuch data as are deemed by the supreme court to be appropriateand relevant to the statutory questions concerning the validityof the sentence. The office of the assistant to the supreme courtshall be attached to the office of the clerk of the supreme courtfor administrative purposes.
7. In addition to the mandatory sentence review, there shallbe a right of direct appeal of the conviction to the supremecourt of Missouri. This right of appeal may be waived by thedefendant. If an appeal is taken, the appeal and the sentencereview shall be consolidated for consideration. The court shallrender its decision on legal errors enumerated, the factualsubstantiation of the verdict, and the validity of the sentence.
(L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A)Effective 10-1-84
(1995) The word "arbitrary" is to be read narrowly to describe rogue factors like passion and prejudice that a jury should not deliberate upon when it imposes a sentence of death. Oxford v. Delo, 59 F.3d 741 (8th Cir.).