CODE OF VIRGINIA

REVIEW OF DEATH SENTENCE (§ 17.1-313)

A. A sentence of death, upon the judgment thereon becoming final in the circuit
court, shall be reviewed on the record by the Supreme Court.

B. The proceeding in the circuit court shall be transcribed as expeditiously as
practicable, and the transcript filed forthwith upon transcription with the
clerk of the circuit court, who shall, within ten days after receipt of the
transcript, compile the record as provided in Rule 5:14 and transmit it to the
Supreme Court.

C. In addition to consideration of any errors in the trial enumerated by appeal,
the court shall consider and determine:

   1.  Whether the sentence of death was imposed under the influence of passion,
   prejudice or any other arbitrary factor; and

   2.  Whether the sentence of death is excessive or disproportionate to the
   penalty imposed in similar cases, considering both the crime and the
   defendant.

D. In addition to the review and correction of errors in the trial of the case,
with respect to review of the sentence of death, the court may:

   1.  Affirm the sentence of death;

   2.  Commute the sentence of death to imprisonment for life; or

   3.  Remand to the trial court for a new sentencing proceeding.

E. The Supreme Court may accumulate the records of all capital felony cases
tried within such period of time as the court may determine. The court shall
consider such records as are available as a guide in determining whether the
sentence imposed in the case under review is excessive. Such records as are
accumulated shall be made available to the circuit courts.

F. Sentence review shall be in addition to appeals, if taken, and review and
appeal may be consolidated. The defendant and the Commonwealth shall have the
right to submit briefs within time limits imposed by the court, either by rule
or order, and to present oral argument.

G. The Supreme Court shall, in setting its docket, give priority to the review
of cases in which the sentence of death has been imposed over other cases
pending in the Court. In setting its docket, the Court shall also give priority
to the consideration and disposition of petitions for writs of habeas corpus
filed by prisoners held under sentence of death.

HISTORY: 1977, c. 492, §§ 17-110.1, 17-110.2; 1983, c. 519; 1995, c. 503;
1998, c. 872.