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Conn. Practice Book § 67-6

Statutory (§ 53a-46b) Review of Death Sentences

activein force · 2026-01-01 – presentact-effective-date

(a) When a sentence of death has been imposed

upon a defendant, following a conviction of a

capital felony in violation of General Statutes §

53a-54b and the hearing upon imposition of the

death penalty pursuant to General Statutes § 53a-

46a, the briefs of the parties shall include a discussion of the issues set forth in General Statutes §

53a-46b (b), to wit, whether (1) the sentence was

the product of passion, prejudice or any other arbitrary factor; (2) the evidence fails to support the

finding of an aggravating circumstance specified in

subsection (h) of § 53a-46a; and (3) the sentence

is excessive or disproportionate to the penalty

imposed in similar cases, considering both the

circumstances of the crime and the character and

record of the defendant.

(b) For the purpose of reviewing the issue of

disproportionality pursuant to General Statutes §

53a-46b (b), the briefs of the parties shall contain

appendices setting forth the circumstances of the

crimes that are claimed to be similar to that of

which the defendant has been convicted and the

characters and records of the defendants involved

therein so far as these are ascertainable from

the transcripts of those trials and hearings on the

imposition of the death penalty or may be judi -

cially noticed. Only those capital felony cases that

have been prosecuted in this state after October

1, 1973, and in which hearings on the imposition

of the death penalty have taken place, whether

or not the death penalty has been imposed, shall

be deemed eligible for consideration as ‘‘similar

cases,’’ unless the court, on application of a party

claiming that the resulting pool of eligible cases

is inadequate for disproportionality review, shall

modify this limitation in a particular case. Any such

application shall identify the additional case or

cases claimed to be similar and set forth, in addition to the circumstances of the crime and the

character and record of the defendant involved, the

provisions of the applicable statutes pertaining to

the imposition of the death penalty with citations

of pertinent decisions interpreting such provisions.

Any such application shall be filed within thirty

days after the delivery date of the transcript ordered

by the appellant, or, if no transcript is required or

the transcript has been received by the appellant

prior to the filing of the appeal, such application

shall be filed within thirty days after filing the appeal.

History

(P.B. 1978-1997, Sec. 4064E.)

Provenance

Source
jud.ct.gov
Retrieved
2026-09-15
Edition
2026-09-15
Content hash
047073af200be11ddbce0f78f2fef564dc2551c0eb9041ef600cc4d6bd3cdd14
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