Revised Code of Washington - RCW Title 10 Criminal Procedure - Chapter 10.95 Capital Punishment -- Aggravated First Degree Murder

  • 10.95.010 Court rules
    No rule promulgated by the supreme court of Washington pursuant to RCW 2.04.190 and 2.04.200, now or in the future, shall be construed to supersede ...
  • 10.95.020 Definition
    A person is guilty of aggravated first degree murder, a class A felony, if he or she commits first degree murder as defined by RCW ...
  • 10.95.030 Sentences for aggravated first degree murder
    (1) Except as provided in subsection (2) of this section, any person convicted of the crime of aggravated first degree murder shall be sentenced to ...
  • 10.95.040 Special sentencing proceeding -- Notice -- Filing -- Service
    (1) If a person is charged with aggravated first degree murder as defined by RCW 10.95.020, the prosecuting attorney shall file written notice of a ...
  • 10.95.050 Special sentencing proceeding -- When held -- Jury to decide matters presented -- Waiver -- Reconvening same jury -- Impanelling new jury -- Peremptory challenges
    (1) If a defendant is adjudicated guilty of aggravated first degree murder, whether by acceptance of a plea of guilty, by verdict of a jury, ...
  • 10.95.060 Special sentencing proceeding -- Jury instructions -- Opening statements -- Evidence -- Arguments -- Question for jury
    (1) At the commencement of the special sentencing proceeding, the trial court shall instruct the jury as to the nature and purpose of the proceeding ...
  • 10.95.070 Special sentencing proceeding -- Factors which jury may consider in deciding whether leniency merited
    In deciding the question posed by RCW 10.95.060(4), the jury, or the court if a jury is waived, may consider any relevant factors, including but ...
  • 10.95.080 When sentence to death or sentence to life imprisonment shall be imposed
    (1) If a jury answers affirmatively the question posed by RCW 10.95.060(4), or when a jury is waived as allowed by RCW 10.95.050(2) and the ...
  • 10.95.090 Sentence if death sentence commuted, held invalid, or if death sentence established by chapter held invalid
    If any sentence of death imposed pursuant to this chapter is commuted by the governor, or held to be invalid by a final judgment of ...
  • 10.95.100 Mandatory review of death sentence by supreme court -- Notice -- Transmittal -- Contents of notice -- Jurisdiction
    Whenever a defendant is sentenced to death, upon entry of the judgment and sentence in the trial court the sentence shall be reviewed on the ...
  • 10.95.110 Verbatim report of trial proceedings -- Preparation -- Transmittal to supreme court -- Clerk's papers -- Receipt
    (1) Within ten days after the entry of a judgment and sentence imposing the death penalty, the clerk of the trial court shall cause the ...
  • 10.95.120 Information report -- Form -- Contents -- Submission to supreme court, defendant, prosecuting attorney
    In all cases in which a person is convicted of aggravated first degree murder, the trial court shall, within thirty days after the entry of ...
  • 10.95.130 Questions posed for determination by supreme court in death sentence review -- Review in addition to appeal -- Consolidation of review and appeal
    (1) The sentence review required by RCW 10.95.100 shall be in addition to any appeal. The sentence review and an appeal shall be consolidated for ...
  • 10.95.140 Invalidation of sentence, remand for resentencing -- Affirmation of sentence, remand for execution
    Upon completion of a sentence review: (1) The supreme court of Washington shall invalidate the sentence of death and remand the case to the trial ...
  • 10.95.150 Time limit for appellate review of death sentence and filing opinion
    In all cases in which a sentence of death has been imposed, the appellate review, if any, and sentence review to or by the supreme ...
  • 10.95.160 Death warrant -- Issuance -- Form -- Time for execution of judgment and sentence
    (1) If a death sentence is affirmed and the case remanded to the trial court as provided in RCW 10.95.140(2), a death warrant shall forthwith ...
  • 10.95.170 Imprisonment of defendant
    The defendant shall be imprisoned in the state penitentiary within ten days after the trial court enters a judgment and sentence imposing the death penalty ...
  • 10.95.180 Death penalty -- How executed
    (1) The punishment of death shall be supervised by the superintendent of the penitentiary and shall be inflicted by intravenous injection of a substance or ...
  • 10.95.185 Witnesses
    (1) Not less than twenty days prior to a scheduled execution, judicial officers, law enforcement representatives, media representatives, representatives of the families of the victims, ...
  • 10.95.190 Death warrant -- Record -- Return to trial court
    (1) The superintendent of the state penitentiary shall keep in his or her office as part of the public records a book in which shall ...
  • 10.95.200 Proceedings for failure to execute on day named
    Whenever the day appointed for the execution of a defendant shall have passed, from any cause, other than the issuance of a stay by a ...
  • 10.95.900 Severability -- 1981 c 138
    If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application ...

Last modified: April 7, 2009