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Capital Case Checklist And Guidelines For Counsel (Death Penalty Case) Form. This is a California form and can be use in Los Angeles Local County.
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Tags: Capital Case Checklist And Guidelines For Counsel (Death Penalty Case), CRIM 016H, California Local County, Los Angeles
en-GBSUPERIOR COURT OF CALIFORNIAen-GBCOUNTY OF LOS ANGELESen-GBReserved for Clerk222s File Stampen-GBCOURTHOUSE ADDRESS:en-GBPeople of the State of California vs.en-GBDEFENDANT:en-GBCAPITAL CASE CHECKLIST AND GUIDELINES FOR COUNSELen-GB(Death Penalty Case)en-GBCASE NUMBER:en-GBThe following general guidelines for counsel in capital cases are to be complied with, unless otherwise ordered by the en-GBcourt. Failure to comply with these guidelines may result in sanctions being imposed or compensation for appointed en-GBcounsel being withheld.en-GB I. þ en-GBPRETRIAL þ A. þ en-GBAppearance Log þ Primary counsel for each defendant and for the prosecution are to provide the court þ þ þ þ þ þ each appearance. þ Logged appearances must distinguish between Penal Code section 987.9 appearances þ þ and all other appearances. A separate log of Penal Code section 987.9 appearances þ þ en-GB þ þ þ þ þ of sentence. þ In the event of any substitution of attorney at any stage of the case, the relieved þ þ attorney must provide a log of all appearances to substituting counsel within 5 days þ þ of being relieved. If prior counsel fails to provide the appearance log as required, þ þ substituting counsel must advise the court immediately. en-GBInitial Whenen-GBCompleteen-GBen-GBCAPITAL CASE CHECKLIST AND GUIDELINES FOR COUNSELen-GB(Death Penalty Case)en-GBDISTRIBUTION: ORIGINAL - COURT FILE COPY - EACH COUNSELen-GB For Optional Use American LegalNet, Inc. www.FormsWorkFlow.com en-GBCAPITAL CASE CHECKLIST AND GUIDELINES FOR COUNSELen-GB(Death Penalty Case)en-GB I. þ en-GBPRE-TRIAL, continued þ B. þ en-GBMotions and Orders þ Within 15 days of assignment to a trial department primary counsel for each en-GB þ defendant and the prosecuting attorney must jointly submit a list of all motions and en-GB þ en-GB þ awaiting resolution. This list must denote the court222s rulings in all cases where en-GB þ rulings have been issued. þ C. þ en-GBExhibits þ en-GB þ each defendant and the prosecuting attorney must provide the trial court with a en-GB þ list of all exhibits introduced by that party at any pretrial hearings, motions en-GB þ þ D. þ en-GBJuror Questionnaires þ In any case where the trial judge indicates that a jury questionnaire will be en-GB þ utilized, primary counsel for each defendant and the prosecuting attorney must en-GB þ meet at least 30 days prior to the trial date to exchange proposed questionnaires en-GB þ and to prepare a consolidated questionnaire for the trial court. The consolidated en-GB þ questionnaire must be submitted to the trial court at least 15 days prior to the en-GB þ trial date. II. þ en-GBTRIAL þ A þ en-GBTranscripts þ Court policy provides that counsel for each party are entitled to a copy of the en-GB þ daily transcript in capital cases. Counsel must bring any discrepancies or en-GB þ omissions to the court222s attention within 10 days of the receipt of the transcript. en-GB þ This may be done orally, on the record, outside the presence of the jury, or en-GB þ in writing. þ If there is no dispute concerning a discrepancy or omission in a transcript the en-GB þ court shall order the record corrected forthwith. If a dispute exists with respect to en-GB þ any such discrepancy or omission the court shall hold a hearing within 2 days en-GB þ en-GB þ en-GB þ such hearing. þ B. þ en-GBJuror Questionnaires þ Counsel and all other persons involved in the representation of a party are NOT en-GB þ to disclose the content of any completed jury questionnaires to anyone without en-GB þ the prior approval of the court. þ One blank original of any questionnaire used in the case will be retained and en-GB þ marked as a court exhibit. The original completed questionnaires must be marked en-GB þ as a court exhibit. en-GBInitial When en-GBCompleteen-GBen-GBen-GBen-GBen-GBen-GBCAPITAL CASE CHECKLIST AND GUIDELINES FOR COUNSELen-GB(Death Penalty Case)en-GBDISTRIBUTION: ORIGINAL - COURT FILE COPY - EACH COUNSELen-GB For Optional Use American LegalNet, Inc. www.FormsWorkFlow.com en-GBCAPITAL CASE CHECKLIST AND GUIDELINES FOR COUNSELen-GB(Death Penalty Case)en-GB III. þ en-GBPOST-SENTENCE þ A. þ en-GBPost-Sentence Hearing þ en-GB þ en-GB þ en-GB þ en-GB þ this hearing. Trial counsel must notify the trial court if all reporter222s daily transcripts en-GB þ are not received within 5 days after sentence is imposed. þ Trial counsel must make themselves available for further hearings to facilitate the þ en-GB þ en-GB þ trial counsel, whether retained by the defendant or appointed by the court, must en-GB þ continue to represent the defendant until the entire record on the automatic en-GB þ þ A request for augmentation to or correction of the clerk222s transcript must include, en-GB þ where feasible, the material that is proposed to be included in the clerk222s en-GB þ transcript. Any such request must be made within 20 days of the receipt of the en-GB þ clerk222s transcript. þ B. þ en-GBAppointed Counsel þ en-GB þ cooperate with appellate counsel in the completion of the record en-GB þ certification process. en þ þ otherwise authorized by a court of competent jurisdiction, after notice to en-GB þ appellate counsel. þ C. þ en-GBFinal Lists þ þ prosecuting attorney must provide the court with the following: þ 1. þ A list of all court appearances with a brief description of the nature of the þ appearance. This document must include a separate list, under seal, of en-GB þ all appearances pursuant to Section 987.9 of the Penal Code with a brief en-GB þ description of the request and ruling of the court. þ þ en-GB þ each such motion. þ 3. þ A complete list of all jury instructions submitted by that party, setting forth en-GB þ any that were withdrawn or refused. þ þ en-GB þ admitted into evidence. Any exhibits or items that were referred to but en-GB þ not previously submitted must be included and marked as a court exhibit. en-GBInitial When en-GBCompleteen-GBen-GBen-GBen-GBen-GBen-GBen-GBCAPITAL CASE CHECKLIST AND GUIDELINES FOR COUNSELen-GB(Death Penalty Case)en-GBDISTRIBUTION: ORIGINAL - COURT FILE COPY - EACH COUNSELen-GB For Optional Use American LegalNet, Inc. www.FormsWorkFlow.com en-GBCAPITAL CASE CHECKLIST AND GUIDELINES FOR COUNSELen-GB(Death Penalty Case)en-GB IV. þ en-GBRECEIPT FOR GUIDELINES þ A copy of these guidelines have been received by counsel in the above-entitled case: þ þ þ þ Signatue þ Date þ þ Name Printed þ þ þ Signatue þ Date þ þ Name Printed þ þ þ Signatue þ Date þ þ Name Printed þ þ þ Signatue þ Date þ þ Name Printed en-GBAdopted, eff. July 1, 2011en-GBCAPITAL CASE CHECKLIST AND GUIDELINES FOR COUNSELen-GB(Death Penalty Case)en-GBDISTRIBUTION: ORIGINAL - COURT FILE COPY - EACH COUNSELen-GB For Optional Use American LegalNet, Inc. www.FormsWorkFlow.com