§ 3595. — Review of a sentence of death.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3595]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 228--DEATH SENTENCE
Sec. 3595. Review of a sentence of death
(a) Appeal.--In a case in which a sentence of death is imposed, the
sentence shall be subject to review by the court of appeals upon appeal
by the defendant. Notice of appeal must be filed within the time
specified for the filing of a notice of appeal. An appeal under this
section may be consolidated with an appeal of the judgment of conviction
and shall have priority over all other cases.
(b) Review.--The court of appeals shall review the entire record in
the case, including--
(1) the evidence submitted during the trial;
(2) the information submitted during the sentencing hearing;
(3) the procedures employed in the sentencing hearing; and
(4) the special findings returned under section 3593(d).
(c) Decision and Disposition.--
(1) The court of appeals shall address all substantive and
procedural issues raised on the appeal of a sentence of death, and
shall consider whether the sentence of death was imposed under the
influence of passion, prejudice, or any other arbitrary factor and
whether the evidence supports the special finding of the existence
of an aggravating factor required to be considered under section
3592.
(2) Whenever the court of appeals finds that--
(A) the sentence of death was imposed under the influence of
passion, prejudice, or any other arbitrary factor;
(B) the admissible evidence and information adduced does not
support the special finding of the existence of the required
aggravating factor; or
(C) the proceedings involved any other legal error requiring
reversal of the sentence that was properly preserved for appeal
under the rules of criminal procedure,
the court shall remand the case for reconsideration under section
3593 or imposition of a sentence other than death. The court of
appeals shall not reverse or vacate a sentence of death on account
of any error which can be harmless, including any erroneous special
finding of an aggravating factor, where the Government establishes
beyond a reasonable doubt that the error was harmless.
(3) The court of appeals shall state in writing the reasons for
its disposition of an appeal of a sentence of death under this
section.
(Added Pub. L. 103-322, title VI, Sec. 60002(a), Sept. 13, 1994, 108
Stat. 1967.)
