§3595 Review of a Sentence of Death

Summary

If a defendant is given the death penalty, they can appeal to the court of appeals. They must file a notice of appeal within the normal time for appeals. The appeal can be combined with an appeal of the conviction and gets priority over other cases. The court of appeals must review the whole record, including trial evidence, what was presented at sentencing, the sentencing procedures, and the special findings under section 3593(d). The court must decide whether the sentence was influenced by passion, prejudice, or other arbitrary factors and whether the evidence supports required aggravating factors under section 3592. If the court finds those problems or other reversible legal errors, it must send the case back for reconsideration under section 3593 or order a sentence other than death. The court cannot overturn the sentence for an error the Government proves was harmless beyond a reasonable doubt. The court must explain its decision in writing.