77160617.1-313Virginia Decodedhttps://vacode.org2016Courts Of RecordSupreme CourtComposition, Jurisdiction, EtcReview of death sentence1977, c. 492, §§ 17-110.1, 17-110.2; 1983, c. 519; 1995, c. 503; 1998, c. 872.Atkins v. Com.000395534 S.E.2d 3122000-09-15https://www.courtlistener.com/opinion/1059579/atkins-v-com/ . . . conducting our mandated review pursuant to Code § 17.1-313(C), we find no error in the judgment of . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Kasi v. Com.980797508 S.E.2d 571998-11-06https://www.courtlistener.com/opinion/1059834/kasi-v-com/ . . . review under former Code § 17-110.1(A) (now § 17.1-313(A)), see Rule 5:22, and we have . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Emmett v. Com.020314569 S.E.2d 392002-09-13https://www.courtlistener.com/opinion/1059304/emmett-v-com/ . . . accordance with the jury's verdict. Code § 17.1-313(A) mandates that we review the imposition . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Johnson v. Commonwealth992525529 S.E.2d 7692000-04-21https://www.courtlistener.com/opinion/1059619/johnson-v-commonwealth/ . . . appeal of the capital murder conviction. Code § 17.1-313(F). We also certified Johnson's appeal . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Vinson v. Com.990612522 S.E.2d 1701999-11-05https://www.courtlistener.com/opinion/1059691/vinson-v-com/ . . . is before us for automatic review under Code § 17.1-313(A), see Rule 5:22, and we have consolidated . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Atkins v. Com.Record Nos. 981477, 981478510 S.E.2d 4451999-01-08https://www.courtlistener.com/opinion/1338972/atkins-v-com/ . . . both the crime and the defendant." Code § 17.1-313.[9] . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Bailey v. Com.992840529 S.E.2d 5702000-04-21https://www.courtlistener.com/opinion/1059631/bailey-v-com/ . . . Justice. . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Jackson v. Com.031517590 S.E.2d 5202004-01-16https://www.courtlistener.com/opinion/1059146/jackson-v-com/ . . . 031517) and the sentence review mandated by Code § 17.1-313. After considering Jackson's . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Porter v. Com.071928661 S.E.2d 4152008-06-06https://www.courtlistener.com/opinion/1058473/porter-v-com/ . . . judgment and death sentence pursuant to Code § 17.1-313(A).[2] After mature consideration of . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Hedrick v. Com.982055513 S.E.2d 6341999-02-26https://www.courtlistener.com/opinion/1059785/hedrick-v-com/ . . . of the capital murder conviction. Code *636 § 17.1-313(F). The defendant's appeal of his . . . <abbr title="Supreme Court of Virginia">SCV</abbr>http://law.lis.virginia.gov/vacode/17.1-313//17.1-313/17.1/3/1/17.1-313A sentence of death, upon the judgment thereon becoming final in the circuit court, shall be reviewed on the record by the Supreme Court.sectionAA1The 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.sectionBB1In addition to consideration of any errors in the trial enumerated by appeal, the court shall consider and determine:sectionCC1 Whether the sentence of death was imposed under the influence of passion, prejudice or any other arbitrary factor; andsectionC1C12 Whether the sentence of death is excessive or disproportionate to the penalty imposed in similar cases, considering both the crime and the defendant.sectionC2C22In 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:sectionDD1 Affirm the sentence of death;sectionD1D12 Commute the sentence of death to imprisonment for life; orsectionD2D22 Remand to the trial court for a new sentencing proceeding.sectionD3D32The 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.sectionEE1Sentence 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.sectionFF1The 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.sectionGG1