Idaho State Statutes - Idaho Attorney Directory

(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 thirty (30) days after entry
of a plea. 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penalty may be withdrawn at any time prior to the imposition of sentence.
(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.

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