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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.
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. � en-GBPRETRIAL � A. � en-GBAppearance Log � Primary counsel for each defendant and for the prosecution are to provide the court � � � � � � each appearance. � Logged appearances must distinguish between Penal Code section 987.9 appearances � � and all other appearances. A separate log of Penal Code section 987.9 appearances � � en-GB � � � � � of sentence. � In the event of any substitution of attorney at any stage of the case, the relieved � � attorney must provide a log of all appearances to substituting counsel within 5 days � � of being relieved. If prior counsel fails to provide the appearance log as required, � � 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. � en-GBPRE-TRIAL, continued � B. � en-GBMotions and Orders � Within 15 days of assignment to a trial department primary counsel for each en-GB � defendant and the prosecuting attorney must jointly submit a list of all motions and en-GB � en-GB � awaiting resolution. This list must denote the court222s rulings in all cases where en-GB � rulings have been issued. � C. � en-GBExhibits � en-GB � each defendant and the prosecuting attorney must provide the trial court with a en-GB � list of all exhibits introduced by that party at any pretrial hearings, motions en-GB � � D. � en-GBJuror Questionnaires � In any case where the trial judge indicates that a jury questionnaire will be en-GB � utilized, primary counsel for each defendant and the prosecuting attorney must en-GB � meet at least 30 days prior to the trial date to exchange proposed questionnaires en-GB � and to prepare a consolidated questionnaire for the trial court. The consolidated en-GB � questionnaire must be submitted to the trial court at least 15 days prior to the en-GB � trial date. II. � en-GBTRIAL � A � en-GBTranscripts � Court policy provides that counsel for each party are entitled to a copy of the en-GB � daily transcript in capital cases. Counsel must bring any discrepancies or en-GB � omissions to the court222s attention within 10 days of the receipt of the transcript. en-GB � This may be done orally, on the record, outside the presence of the jury, or en-GB � in writing. � If there is no dispute concerning a discrepancy or omission in a transcript the en-GB � court shall order the record corrected forthwith. If a dispute exists with respect to en-GB � any such discrepancy or omission the court shall hold a hearing within 2 days en-GB � en-GB � en-GB � such hearing. � B. � en-GBJuror Questionnaires � Counsel and all other persons involved in the representation of a party are NOT en-GB � to disclose the content of any completed jury questionnaires to anyone without en-GB � the prior approval of the court. � One blank original of any questionnaire used in the case will be retained and en-GB � marked as a court exhibit. The original completed questionnaires must be marked en-GB � 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. � en-GBPOST-SENTENCE � A. � en-GBPost-Sentence Hearing � en-GB � en-GB � en-GB � en-GB � this hearing. Trial counsel must notify the trial court if all reporter222s daily transcripts en-GB � are not received within 5 days after sentence is imposed. � Trial counsel must make themselves available for further hearings to facilitate the � en-GB � en-GB � trial counsel, whether retained by the defendant or appointed by the court, must en-GB � continue to represent the defendant until the entire record on the automatic en-GB � � A request for augmentation to or correction of the clerk222s transcript must include, en-GB � where feasible, the material that is proposed to be included in the clerk222s en-GB � transcript. Any such request must be made within 20 days of the receipt of the en-GB � clerk222s transcript. � B. � en-GBAppointed Counsel � en-GB � cooperate with appellate counsel in the completion of the record en-GB � certification process. en � � otherwise authorized by a court of competent jurisdiction, after notice to en-GB � appellate counsel. � C. � en-GBFinal Lists � � prosecuting attorney must provide the court with the following: � 1. � A list of all court appearances with a brief description of the nature of the � appearance. This document must include a separate list, under seal, of en-GB � all appearances pursuant to Section 987.9 of the Penal Code with a brief en-GB � description of the request and ruling of the court. � � en-GB � each such motion. � 3. � A complete list of all jury instructions submitted by that party, setting forth en-GB � any that were withdrawn or refused. � � en-GB � admitted into evidence. Any exhibits or items that were referred to but en-GB � 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. � en-GBRECEIPT FOR GUIDELINES � A copy of these guidelines have been received by counsel in the above-entitled case: � � � � Signatue � Date � � Name Printed � � � Signatue � Date � � Name Printed � � � Signatue � Date � � Name Printed � � � Signatue � Date � � 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