Abstract
This Note proposes that the Arizona Supreme Court adopt a uniform method of remanding for resentencing those death penalty cases in which the aggravating or mitigating factors are altered on appeal. The first section explores the propriety of imposing a death sentence at the appellate level, and discusses the benefits of appellate review procedures in capital cases. This Note demonstrates a trend toward allowing appellate courts to be sentencing courts; beginning with Barclay and culminating in Clemons. It then analyzes Clemons v. Mississippi, assessing the benefits and disadvantages of the approaches approved of, and examining the impact of Clemons on state appellate review. Finally, the Note discusses Arizona's death penalty scheme and proposes that Arizona reject Clemons' invitation to conduct appellate level sentencing and permit only original sentencing courts to impose death sentences.
How to Cite
34 Ariz. L. Rev. 141 (1992)
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