Subsequently, we directed the Supreme Court Committee on Criminal Practice to consider the adoption of possible rules to implement the procedures announced in Robbins. The Committee has deliberated on the matter and reviewed procedures utilized by other states. The Committee's proposal provides that a sentence of death is automatically appealed to the Supreme Court, and the Supreme Court will conduct a mandatory review of certain issues in every deathpenalty case. We express our gratitude to the members of the Criminal Practice Committee for their work on this matter. We are publishing the Committee's proposal for comment from the bench and bar.
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The notice of appeal shall be in the form annexed to this rule. Whenever a sentence of death is imposed, the Supreme Court shall review the following issues in addition to other issues, if any, that a defendant may enumerate on appeal. Counsel shall be responsible for abstracting the record and briefing the issues required to be reviewed by this rule and shall consolidate the abstract and brief for such issues and any other issues enumerated on appeal. When a judgment of death has been affirmed, the denial of post-conviction relief has been affirmed, or a mandate has been returned from the United States Supreme Court, and the day of execution has passed, the Clerk of the Supreme Court shall transmit to the Governor a certificate of the affirmance or return of mandate and judgment, to the endthat a warrant for the execution of the judgment may be issued by the Governor. Such certificate shall operate to dissolve any stay of execution previously entered by the Supreme Court or any stay of execution previously entered by a circuit court pending disposition of a petition for post-conviction relief.