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

Current through Register Vol. 50, No. 6, June 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.