Kansas Administrative Regulations
Agency 105 - STATE BOARD OF INDIGENTS' DEFENSE SERVICES
Article 3 - APPOINTED ATTORNEYS
Section 105-3-9 - Duties of trial counsel following sentencing
Universal Citation: KS Admin Regs 105-3-9
Current through Register Vol. 43, No. 12, March 20, 2024
(a) In order to protect a convicted defendant's right to appeal, it shall be the duty of each trial counsel to prepare, file, or both, the following documents:
(1) file a motion for modification of
sentence pursuant to K.S.A. 21-4603(2), when appropriate;
(2) file a motion for release on appeal bond
pursuant to
K.S.A.
22-2804, when appropriate;
(3) file a notice of appeal in a timely
manner, unless a waiver of the right to appeal has been signed by the
defendant;
(4) upon filing the
notice of appeal, obtain a court order for the trial transcript, and a
transcript of any pretrial or posttrial proceedings from which a claim of error
may arise;
(5) upon filing the
notice of appeal, obtain an order from the district court appointing the state
appellate defender as counsel for the appeal and file the order of appointment
with the clerk of the district court within five days of the filing of the
notice of appeal;
(6) submit a
draft of the docketing statement and all documents necessary to docket the
appeal required by supreme court rule 2.041 to the appellate defender within 10
days of the filing of the notice of appeal; and
(7) submit a listing of all hearings in which
a record was taken to the appellate defender, including dates, within 10 days
of the filing of the notice of appeal.
(b) Requests for compensation for services set forth in subsection (a) shall be included in the claim filed with the board.
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