Louisiana Administrative Code
Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT
Part XV - Public Defender Board
Chapter 21 - Performance Standards for Attorneys Representing Juveniles in Life without Parole Cases
Section XV-2137 - Post-Verdict Motions and Formal Sentencing
Universal Citation: LA Admin Code XV-2137
Current through Register Vol. 50, No. 9, September 20, 2024
A. Motion for a New Trial and Other Post-Verdict Motions
1. Counsel should be
familiar with the procedures and availability of motions for new trial, for
arrest of judgment and for a post-verdict judgment of acquittal, including the
time period for filing such motions, the formal requirements of each motion,
the evidentiary rules applicable to each motion and the grounds that can be
raised.
2. A motion for new trial
should be filed in each case where a life without parole sentence is imposed. A
motion in arrest of judgment or for a post-verdict judgment of acquittal should
be filed in each case in which there exists a colorable basis for the relief
sought to be granted.
3. In
preparing the motion for new trial, counsel should conduct an intensive and
thorough investigation designed to identify and develop: evidence of prejudice
arising from any adverse rulings of the trial court; evidence not discovered
during the trial that would likely have changed the verdict at either guilt or
sentencing phase; evidence of prejudicial error or defect not discovered before
the verdict or judgment; and, evidence that would otherwise support an argument
that the ends of justice would be served by the granting of a new
trial.
4. Counsel should utilize
all of the investigative tools described in these standards in conducting the
investigation, including the use of fact investigators, mitigation specialists,
experts, record requests, discovery requests, compulsory process and motions
practice.
5. Recognizing that the
post-verdict litigation represents a critical stage of proceedings that
requires extensive investigation and development of potentially dispositive
claims:
a. counsel should seek a postponement
of formal sentencing for a sufficient period to allow adequate investigation
and development of the motion for new trial or other post-verdict motions;
and
b. counsel should seek
additional resources sufficient to allow adequate investigation and development
of the motion for new trial or other post-verdict motions.
6. In preparing and presenting claims in
post-verdict motions, counsel should have particular regard to the need to
fully plead the claims and their factual basis in a manner that will preserve
the claims for subsequent review. Counsel should request an evidentiary hearing
on the motion for new trial in order to present new evidence and preserve
claims for appeal.
7. Counsel
should prepare post-verdict motions urging that life without parole is not a
legally permissible penalty in the circumstances of the case, including that
the sentence would be constitutionally excessive, where such arguments are
available under existing law, or under a good faith argument for the extension,
modification, or reversal of existing law.
8. Counsel should review the court record and
ensure that it is complete and that matters relevant to any future review of
the case are contained in the record including, for instance, race and gender
of jurors in the venire, juror questionnaires, jury questions during
deliberations, and all defense proffers appropriate to preserve any defense
objections for review.
9. Following
formal sentencing, counsel shall continue to conduct an intensive investigation
designed to identify and develop evidence not discovered during the trial that
would likely have changed the verdict at either the guilt or sentencing phase
in order that any available motion for new trial may be filed within one year
of the verdict or judgment of the trial court.
B. Preparation for Formal Sentencing and the Sentence Investigation Report
1. In preparing
for sentencing, counsel should:
a. inform the
client of the sentencing procedure, its consequences and the next steps in the
clients case, including any expected change in the clients
representation;
b. maintain regular
contact with the client prior to the sentencing hearing, and inform the client
of the steps being taken in preparation for sentencing;
c. inform the client of his or her right to
speak at the sentencing proceeding and assist the client in preparing the
statement, if any, to be made to the court, considering the possible
consequences that any statement may have upon the sentence to be imposed, any
appeal or review, subsequent retrial or trial on other offenses;
d. become familiar with the procedures
governing preparation, submission, and verification of the sentence
investigation report. In addition, counsel should:
i. consider providing to the report preparer
information favorable to the client;
ii. consider whether the client should speak
with the person preparing the report; if the decision is made that the client
not speak to the report preparer, the client should be advised to exercise his
rights to silence and the presence of counsel and the report preparer should be
advised that the client is asserting his right not to participate in an
interview. If the determination is made for the client to speak to the report
preparer, counsel should discuss the interview in advance with the client and
attend the interview;
iii. obtain a
copy of the sentence investigation report, once completed, and review the
completed report with the client;
iv. file a written opposition to the factual
contents of the reports where appropriate and seek a contradictory
hearing.
C. Obligations of Counsel at Sentencing Hearing and Following Sentencing
1. Counsel
should continue to actively advocate for a disposition other than the
imposition of a life without parole sentence. Such advocacy should include
presenting to the court evidence and argument in favor of any categorical bar
to the imposition of a life without parole sentence and in support of an
argument that life without parole, in the circumstances of the particular case,
is unconstitutionally excessive. Counsels presentation should not be limited to
existing law but should include all good faith arguments for an extension,
modification or reversal of existing law.
2. Following the imposition of a sentence of
life without parole, counsel should prepare and file a motion for
reconsideration of sentence.
3.
Upon denial of a motion for reconsideration, counsel should timely file a
motion for appeal, including a comprehensive request for transcription of the
proceedings and designation of the record as follows:
a. the minutes of all of the proceedings
connected with the case;
b. the
indictment and any and all proceedings concerning the appointment and/or
selection of the grand jury;
c. the
transcript of arraignment;
d. the
transcript of all pre-trial proceedings regardless of whether defense counsel
and the defendant were present;
e.
the transcript of any proceeding in which allotment of the case
occurred;
f. the transcript of any
joint proceedings held with another defendant(s);
g. the transcript of the entirety of
Voir dire, including the transcript of any communication made
by the judge or the court staff whether within or outside the presence of
defense counsel;
h. the transcript
of all bench conferences, in chambers hearings or charge conferences;
i. the transcript of all argument and
instruction;
j. the transcript of
all testimony, including testimony at the sentencing phase of the
trial;
k. any and all exhibits
introduced in connection with the case;
l. the jury questionnaires, verdict forms,
polling slips, and verdicts imposed in the case.
4. In the period following the imposition of
a sentence of life without parole and the lodging of the appellate record,
counsel should continue to actively represent the clients interests, including
investigation and development of arguments relevant to a post-sentencing motion
for new trial or defendants sentence investigation report. Counsel should take
action to preserve the clients interests in his appeal, state post-conviction,
federal habeas corpus and clemency proceedings pending the assignment of
appellate counsel.
5. Where
appropriate, counsel should timely file a post-sentencing motion for new
trial.
6. Counsel shall continue to
represent the client until successor counsel assumes responsibility for the
representation. When counsels representation terminates, counsel shall
cooperate with the client and any succeeding counsel in the transmission of the
record, transcripts, file, and other information pertinent to appellate and
post-conviction proceedings. Counsel should notify the client when the case
assignment is concluded.
AUTHORITY NOTE: Promulgated in accordance with R.S. 15:148.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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