Notice of intent to seek death penalty.
(1) A sentence of death shall not be imposed unless the prosecuting attorney filed written notice of intent to seek the death penalty with the court and served the notice upon the defendant or his attorney of record no later than sixty (60) days after entry of a plea for murder in the first degree and no later than thirty (30) days after entry of a plea for aggravated lewd conduct with a minor child twelve (12) years of age or under. Any notice of intent to seek the death penalty shall include a listing of the statutory aggravating circumstances that the state will rely on in seeking the death penalty. The state may amend its notice upon a showing of good cause at any time prior to trial. A notice of intent to seek the death penalty may be withdrawn at any time prior to the imposition of sentence. However, upon a showing of good cause, and a stipulation by the state and the defendant and his attorney of record the court may extend the time for the filing of the notice of intent to seek the death penalty for a reasonable period of time.
(2) In the event that the prosecuting attorney does not file a notice of intent to seek the death penalty or otherwise puts the court on notice that the state does not intend to seek the death penalty, the court shall inform potential jurors at the outset of jury selection that the death penalty is not a sentencing option for the court or the jury.
Notes of Decisions
State v. Erik Virgil Hall, 419 P.3d 1042 (Idaho 2018).
· cites it 12× “Rather, the Court determined that Idaho Code section 18-4004A, which requires notification of intent to seek the death penalty within 60 days after entry of a plea and a listing of the statutory aggravating circumstances relied upon in seeking the 38 death penalty, provided…”
State v. Azad Haji Abdullah, 348 P.3d 1 (Idaho 2015).
· cites it 10× “The requirements of Idaho Code section 18-4004A provide defendants with adequate notice of the State’s intent to seek the death penalty and the aggravating circumstances.”
Booth v. State, 262 P.3d 255 (Idaho 2011).
· cites it 6× “§ 18-4004 4 provides, Subject to the provisions of sections 19-2515 and 19-2515A, Idaho Code, every person guilty of murder of the first degree shall be punished by death or by imprisonment for life, provided that a sentence of death shall not be imposed unless the prosecuting…”
State v. Timothy Alan Dunlap, 313 P.3d 1 (Idaho 2013).
· cites it 2× “Idaho Code § 19-2515 provides: (5) (a) If a person is adjudicated guilty of murder in the first degree, whether by acceptance of a plea of guilty, by verdict of a jury, or by decision of the trial court sitting without a jury, and a notice of intent to seek the death penalty was…”
State v. Lovelace, 90 P.3d 298 (Idaho 2004).
· cites it 2× “The new section 18-4004A provides that notice of intent to seek the death penalty can be filed at any time prior to thirty days after entry of plea and shall include a listing of the statutory aggravating circumstances that the state will rely on in seeking the death penalty.”
State v. John Lee, 443 P.3d 268 (Idaho Ct. App. 2019).
· cites it 2× “" In light of the plea agreement, the State filed a notice pursuant to I.C. § 18-4004A indicating it did not intend to seek the death penalty.”
State v. Johnson, 39 P.3d 641 (Idaho Ct. App. 2001).
· cites it 2× “The maximum penalty for first degree murder where the state has not provided written notice of its intention to pursue the death penalty pursuant to I.C. § 18-4004A is fixed life imprisonment.”
State v. Herrera, 431 P.3d 275 (Idaho 2018).
· cites it 2× “18-4004, which reads: Subject to the provisions of sections 19-2515 and 19-2515A, Idaho Code, every person guilty of murder of the first degree shall be punished by death or by imprisonment for life, provided that a sentence of death shall not be imposed unless the prosecuting…”
Trevor James Booth v. State (Idaho 2011).
· cites it 6× “§ 18-4004 4 provides, Subject to the provisions of sections 19-2515 and 19-2515A, Idaho Code, every person guilty of murder of the first degree shall be punished by death or by imprisonment for life, provided that a sentence of death shall not be imposed unless the prosecuting…”
State v. Timothy Alan Dunlap (Idaho 2013).
· cites it 2× “Idaho Code § 19-2515 provides: (5) (a) If a person is adjudicated guilty of murder in the first degree, whether by acceptance of a plea of guilty, by verdict of a jury, or by decision of the trial court sitting without a jury, and a notice of intent to seek the death penalty was…”
— Idaho Code § 18-4004A(1) — 1 case
State v. Azad Haji Abdullah, 348 P.3d 1 (Idaho 2015).
“The requirements of Idaho Code section 18-4004A provide defendants with adequate notice of the State’s intent to seek the death penalty and the aggravating circumstances.”
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