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Title XXXVII CRIMINAL PROCEDURE

Chapter 547

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  547.370.  Post conviction relief, death penalty. — 1.  When a motion is filed as provided in section 547.360 to set aside a sentence of death, the court shall find on the record whether the movant is indigent.  If the movant is indigent, the court shall cause to be appointed two counsel to represent the movant.  If movant seeks to reject the appointment of counsel, the court shall find on the record, after a hearing, if necessary, whether the movant is able to competently decide whether to accept or reject the appointment and whether the movant rejected the offer with the understanding of its legal consequences.  Unless the movant is so competent and understands the legal consequences, movant shall not be permitted to reject the appointment of counsel.

  2.  All counsel appointed as provided in this section shall be members of The Missouri Bar or shall be admitted to practice in the particular case as provided in Missouri supreme court rule 9.  At least one of the counsel shall meet the following qualifications:

  (1)  Have attended and successfully completed within two years immediately preceding the appointment at least twelve hours of training or educational programs on the postconviction phase of a criminal case and federal and state aspects of cases in which the death penalty is sought; and

  (2)  Have at least three years litigation experience in the field of criminal law; and

  (3)  Have participated as counsel or co-counsel to final judgment in at least five postconviction motions involving class A felonies in either state or federal trial courts; and

  (4)  Have participated in either state or federal court as counsel or co-counsel to final judgment in at least:

  (a)  Three felony jury trials; or

  (b)  Five direct criminal appeals in felony cases.  

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Counsel shall certify to the state public defender in such form as the defender may require that counsel meets the qualifications of this section prior to filing counsel's entry of appearance in the case.

  3.  Counsel appointed to represent the movant shall not have represented the movant at trial or on the direct appeal therefrom.

  4.  As to any counsel appointed as provided in this section, the state public defender shall provide counsel with reasonable compensation and shall provide reasonable and necessary litigation expenses.

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(L. 1997 S.B. 56 §§ 13 and 15)


---- end of effective   28 Aug 1997 ----

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