Missouri Revised Statutes

Mo. Rev. Stat. § 565.035 (2026)

Supreme court to review all death sentences, procedure

✓ current as of May 2026

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565.035. Supreme court to review all death sentences, procedure — powers of court — assistant to court authorized, duties. — 1. Whenever the death penalty is imposed in any case, and upon the judgment becoming final in the trial court, the sentence shall be reviewed on the record by the supreme court of Missouri. The circuit clerk of the court trying the case, within ten days after receiving the transcript, shall transmit the entire record and transcript to the supreme court together with a notice prepared by the circuit clerk and a report prepared by the trial judge. The notice shall set forth the title and docket number of the case, the name of the defendant and the name and address of his attorney, a narrative statement of the judgment, the offense, and the punishment prescribed. The report by the judge shall be in the form of a standard questionnaire prepared and supplied by the supreme court of Missouri.

2. The supreme court of Missouri shall consider the punishment as well as any errors enumerated by way of appeal.

3. With regard to the sentence, the supreme court shall determine:

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

(2) Whether the evidence supports the jury's or judge's finding of a statutory aggravating circumstance as enumerated in subsection 2 of section 565.032 and any other circumstance found;

(3) Whether the sentence of death is excessive or disproportionate to the penalty imposed in similar cases, considering both the offense, the strength of the evidence and the defendant.

4. Both the defendant and the state shall have the right to submit briefs within the time provided by the supreme court, and to present oral argument to the supreme court.

5. The supreme court shall include in its decision a reference to those similar cases which it took into consideration. In addition to its authority regarding correction of errors, the supreme court, with regard to review of death sentences, shall be authorized to:

(1) Affirm the sentence of death; or

(2) Set the sentence aside and resentence the defendant to life imprisonment without eligibility for probation, parole, or release except by act of the governor; or

(3) Set the sentence aside and remand the case for retrial of the punishment hearing. A new jury shall be selected or a jury may be waived by agreement of both parties and then the punishment trial shall proceed in accordance with this chapter, with the exception that the evidence of the guilty verdict shall be admissible in the new trial together with the official transcript of any testimony and evidence properly admitted in each stage of the original trial where relevant to determine punishment.

6. There shall be an assistant to the supreme court, who shall be an attorney appointed by the supreme court and who shall serve at the pleasure of the court. The court shall accumulate the records of all cases in which the sentence of death or life imprisonment without probation or parole was imposed after May 26, 1977, or such earlier date as the court may deem appropriate. The assistant shall provide the court with whatever extracted information the court desires with respect thereto, including but not limited to a synopsis or brief of the facts in the record concerning the offense and the defendant. The court shall be authorized to employ an appropriate staff, within the limits of appropriations made for that purpose, and such methods to compile such data as are deemed by the supreme court to be appropriate and relevant to the statutory questions concerning the validity of the sentence. The office of the assistant to the supreme court shall be attached to the office of the clerk of the supreme court for administrative purposes.

7. In addition to the mandatory sentence review, there shall be a right of direct appeal of the conviction to the supreme court of Missouri. This right of appeal may be waived by the defendant. If an appeal is taken, the appeal and the sentence review shall be consolidated for consideration. The court shall render its decision on legal errors enumerated, the factual substantiation of the verdict, and the validity of the sentence.

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(L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A, A.L. 2014 S.B. 491)

Effective 1-01-17

(1995) The word "arbitrary" is to be read narrowly to describe rogue factors like passion and prejudice that a jury should not deliberate upon when it imposes a sentence of death. Oxford v. Delo, 59 F.3d 741 (8th Cir.).

Notes of Decisions

Cited in 93 cases (2 in the last 5 years), 1984–2024 · leading case: State v. Deck, 303 S.W.3d 527 (Mo. 2010).

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State v. Deck, 303 S.W.3d 527 (Mo. 2010). · cites it 84× “Point Ten: Proportionality Review Standard of review This Court independently reviews Deck's death sentences under section 565.035, RSMo 2000. This Court must determine: (1) Whether the sentence of death was imposed under the influence of passion, prejudice, or any other…”

State v. Whitfield, 107 S.W.3d 253 (Mo. 2003). · cites it 16× “040 too broadly and ignores section 565.035. A. Section 565.035 describes this Court's general duty to review death penalty sentences.”

State v. Wolfe, 13 S.W.3d 248 (Mo. 2000). · cites it 22× “Defendant filed a "motion for examination and evaluation of procedures and methods utilized for the Court's proportionality review under section 565.035." The State filed a motion to strike this motion.”

State v. Johns, 34 S.W.3d 93 (Mo. 2000). · cites it 22× “Proportionality Review Finally, Johns contends that his sentence of death is disproportionate under section 565.035, RSMo 1994, and that this Court's treatment of death penalty cases is unconstitutional.”

State of Missouri v. Robert Blake Blurton, 484 S.W.3d 758 (Mo. 2016). · cites it 6× “Blurton’s death sentences pursuant to section 565.035, 1 this 0F Court finds that Mr.”

State v. Storey, 40 S.W.3d 898 (Mo. 2001). · cites it 11× “*904 Finally, we conduct an independent review of the sentence pursuant to section 565.035, RSMo 1994, and we address Sto-rey’s claim that the sentence of death in this case is disproportionate (Storey’s point 11).”

State v. Clay, 975 S.W.2d 121 (Mo. 1998). · cites it 9× “See section 565.035 RSMo 19%. Under section 565.”

State v. Wilkins, 736 S.W.2d 409 (Mo. 1987). · cites it 18× “The trial court considered all the mitigating circumstances fairly presented by the evidence and did not find that they outweighed the aggravating circumstances found beyond a reasonable doubt.”

State v. Smith, 32 S.W.3d 532 (Mo. 2000). · cites it 14× “035 as applied by this Court violates his due process rights because the Court has an inadequate database on which to rely, the Court compares only those cases in which the death penalty has been imposed, and appellant did not receive adequate notice of the procedure to be…”

State v. Black, 50 S.W.3d 778 (Mo. 2001). · cites it 8× “Under section 565.035, this Court determines: 1) whether the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor; 2) whether the evidence supports a statutory aggravating circumstance and any other circumstances found; 3)…”

State v. Davis, 318 S.W.3d 618 (Mo. 2010). · cites it 8× “The principal opinion asserts that the requirement that this Court consider both life sentence and death sentence cases in its statutory proportionality review results from a plain reading of § 565.035, RSMo 2000. Although that statute requires this Court to collect information…”

State v. Mallett, 732 S.W.2d 527 (Mo. 1987). · cites it 8× “Whenever the death penalty is imposed in any case, "the sentence shall be reviewed on the record by the supreme court of Missouri" and this Court must determine whether such sentence "was imposed under the influence of passion, prejudice, or any other arbitrary factor * * *.”

Show all 93 citing cases →

— Mo. Rev. Stat. § 565.035(3) — 3 cases

State v. Bland, 958 S.W.2d 651 (Tenn. 1997).

State v. Jones, 749 S.W.2d 356 (Mo. 1988).

Basile v. Bowersox, 125 F. Supp. 2d 930 (E.D. Mo. 1999).

— Mo. Rev. Stat. § 565.035(3)(1) — 1 case

Basile v. Bowersox, 125 F. Supp. 2d 930 (E.D. Mo. 1999).

— Mo. Rev. Stat. § 565.035(3)(3) — 1 case

Basile v. Bowersox, 125 F. Supp. 2d 930 (E.D. Mo. 1999).

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