State v. Robert

GILBERTSON, Chief Justice.

[¶ 1.] Eric Robert is currently under a sentence of death entered by a circuit court judge of the Second Judicial Circuit. He has not filed an appeal to this Court and the time to do so has expired. Nevertheless, this Court in this case is statutorily mandated by SDCL 28A-27A-12 to consider:(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 ... judge’s finding of a statutory aggravating circumstance as enumerated in § 23A-27A-1; and(3) Whether the sentence of…