1. (1) The supreme court shall consider the punishment as well as any errors enumerated by way of appeal. With regard to the sentence, the court shall determine:

   1. (a) whether the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor;
   2. (b) whether the evidence supports the trier of fact's finding of the existence or nonexistence of the aggravating circumstances enumerated in 46-18-303 and the sentencing judge's finding of the existence or nonexistence of the mitigating circumstances enumerated in 46-18-304; and
   3. (c) whether the sentence of death is excessive or disproportionate to the penalty imposed in other cases in which a sentencing hearing was held pursuant to 46-18-301, whether the sentence imposed was death or a sentence other than death, considering both the crime and the defendant. The court shall include in its decision a reference to those other cases it took into consideration.

2. (2) The supreme court shall uphold the sentencing court's findings of fact issued pursuant to 46-18-306 unless those findings are clearly erroneous. The supreme court may not substitute its judgment for that of the sentencing court in:

   1. (a) assessing the credibility of witnesses;
   2. (b) drawing inferences from testimonial, physical, documentary, or other evidence; or
   3. (c) resolving conflicts in the evidence presented at the sentencing hearing or considered by the sentencing court.

History: En. 95-2206.15 by Sec. 10, Ch. 338, L. 1977; R.C.M. 1947, 95-2206.15; amd. Sec. 1, Ch. 302, L. 1997; amd. Sec. 4, Ch. 154, L. 2003.