21-4627. Same; automatic review by and appeal to supreme court. - Kansas Statutes

21-4627

Chapter 21.--CRIMES AND PUNISHMENTS PART III.--CLASSIFICATION OF CRIMES AND SENTENCING Article 46.--SENTENCING

      21-4627.   Same; automatic review by and appeal to supreme court.(a) A judgment of convictionresulting in a sentence of death shall be subject toautomatic review byandappealto the supreme courtof Kansas in the manner provided by the applicable statutes and rules of thesupreme court governing appellate procedure. The review and appeal shall beexpedited in every manner consistentwith the proper presentationthereofand given priority pursuant to the statutes and rules of the supreme courtgoverning appellate procedure.

      (b)   The supreme court of Kansas shall consider the question ofsentenceas well as any errors asserted in the review and appeal and shall be authorizedto notice unassigned errors appearing of record if the ends of justice wouldbe served thereby.

      (c)   With regard to the sentence, the court shall determine:

      (1)   Whether the sentence ofdeath wasimposed under theinfluenceof passion,prejudice or any other arbitrary factor; and

      (2)   whether the evidence supports the findings that anaggravatingcircumstanceor circumstances existed and that any mitigatingcircumstances were insufficient to outweigh the aggravating circumstances.

      (d)   The court shall be authorized to enter such orders as arenecessaryto effect a proper and complete disposition of the review and appeal.

      History:   L. 1990, ch. 99, § 7;L. 1991, ch. 90, § 4;L. 1994, ch. 252, § 5; July 1.