reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 7 - Trial Court Performance Standards › Section XV-701 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The standards
				are intended to serve several purposes, first and foremost to encourage public
				defenders, assistant public defenders and appointed counsel to perform to a
				high standard of representation and to promote professionalism in the
				representation of indigent defendants.
B. The standards are intended to alert
				defense counsel to courses of action that may be necessary, advisable, or
				appropriate, and thereby to assist attorneys in deciding upon the particular
				actions that must be taken in each case to ensure that the client receives the
				best representation possible. The standards are also intended to provide a
				measure by which the performance of individual attorneys and district public
				defender offices may be evaluated, and to assist in training and supervising
				attorneys.
C. The language of these
				standards is general, implying flexibility of action which is appropriate to
				the situation. Use of judgment in deciding upon a particular course of action
				is reflected by the phrases "should consider" and "where appropriate." In those
				instances where a particular action is absolutely essential to providing
				quality representation, the standards use the words "should" or "shall." Even
				where the standards use the words "should" or "shall," in certain situations
				the lawyers' best informed professional judgment and discretion may indicate
				otherwise.
D. These standards are
				not criteria for the judicial evaluation of alleged misconduct of defense
				counsel to determine the validity of a conviction. The standards may or may not
				be relevant to such a judicial determination, depending upon all of the
				circumstances of the individual case.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 15:142147 and
				  148.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 7 - Trial Court Performance Standards › Section XV-703 - Obligations of Defense Counsel

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				primary and most fundamental obligation of a criminal defense attorney is to
				provide zealous and effective representation for his or her clients at all
				stages of the criminal process. The defense attorney's duty and responsibility
				is to promote and protect the best interests of the client. If personal matters
				make it impossible for the defense counsel to fulfill the duty of zealous
				representation, he or she has a duty to refrain from representing the client.
				Attorneys also have an obligation to uphold the ethical standards of the
				Louisiana Rules of Professional Conduct and to act in accordance with the
				Louisiana Rules of Court.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  15:142, 147 and
				  148.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 7 - Trial Court Performance Standards › Section XV-705 - Training and Experience of Defense Counsel

Current through Register Vol. 50, No. 6, June 20, 2024
A. In order to provide quality legal
				representation, counsel must be familiar with the substantive criminal law and
				the law of criminal procedure and its application in the state of Louisiana.
				Counsel has a continuing obligation to stay abreast of changes and developments
				in the law.
B. Prior to agreeing to
				undertake representation in a criminal matter, counsel should have sufficient
				experience or training to provide effective representation.
C. Attorneys who are being considered for
				appointment to represent individuals who are charged with capital offenses in
				which the state is seeking death must meet the special criteria as adopted by
				the Supreme Court of Louisiana.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  15:142, 147 and
				  148.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 7 - Trial Court Performance Standards › Section XV-707 - General Duties of Defense Counsel

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Before agreeing to act as counsel or accepting appointment by a court, counsel
				has an obligation to make sure that counsel has available sufficient time,
				resources, knowledge and experience to offer effective representation to a
				defendant in a particular matter. If it later appears that counsel is unable to
				offer effective representation in the case, counsel should move to
				withdraw.
B. Counsel must be alert
				to all potential and actual conflicts of interest that would impair counsel's
				ability to represent a client. When appropriate, counsel may be obliged to seek
				an advisory opinion on any potential conflicts.
C. Counsel has the obligation to keep the
				client informed of the progress of the case.
D. If a conflict develops during the course
				of representation, counsel has a duty to notify the client and the court in
				accordance with the Louisiana Rules of Court and in accordance with the
				Louisiana Rules of Professional Conduct.
E. When counsel's caseload is so large that
				counsel is unable to satisfactorily meet these performance standards, counsel
				shall inform the district defender for counsel's judicial district and, if
				applicable, the regional director, the court or courts before whom counsel's
				cases are pending. If the district defender determines that the caseloads for
				his entire office are so large that counsel is unable to satisfactorily meet
				these performance standards, the district defender shall inform the court or
				courts before whom cases are pending and the state public defender.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  15:142, 147 and
				  148.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 7 - Trial Court Performance Standards › Section XV-709 - Obligations of Counsel Regarding Pretrial Release

Current through Register Vol. 50, No. 6, June 20, 2024
A. Counsel or a representative of counsel
				have an obligation to meet with incarcerated defendants within 72 hours of
				appointment, and shall take other prompt action necessary to provide quality
				representation including:
1. Counsel shall
				invoke the protections of appropriate constitutional provisions, federal and
				state laws, statutory provisions, and court rules on behalf of a client, and
				revoke any waivers of these protections purportedly given by the client, as
				soon as practicable via a notice of appearance or other pleading filed with the
				state and court.
2. Where possible,
				counsel shall represent an incarcerated client at the La.C.Cr.P. Art. 230.1
				First Appearance hearing (
County of Riverside v. McLaughlin
,
				500 U.S. 44 (1991)) in order to contest probable cause for a client arrested
				without an arrest warrant, to seek bail on favorable terms (after taking into
				consideration the adverse impact, if any, such efforts may have upon exercising
				the client's right to a full pretrial release hearing at a later date), to
				invoke constitutional and statutory protections on behalf of the client, and
				otherwise advocate for the interests of the client.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 7 - Trial Court Performance Standards › Section XV-711 - Counsel's Initial Interview with Client

Current through Register Vol. 50, No. 6, June 20, 2024
A. Preparing for the Initial Interview
1. Prior to conducting the initial interview
				the attorney should, where possible:
a. be
				familiar with the elements of the offense(s) and the potential punishment(s),
				where the charges against the client are already known; and
b. obtain copies of any relevant documents
				which are available, including copies of any charging documents,
				recommendations and reports made by bail agencies concerning pretrial release,
				and law enforcement reports that might be available.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 7 - Trial Court Performance Standards › Section XV-713 - Counsel's Duty in Pretrial Release Proceedings

Current through Register Vol. 50, No. 6, June 20, 2024
A. Counsel should be prepared to present to
				the appropriate judicial officer a statement of the factual circumstances and
				the legal criteria supporting release and, where appropriate, to make a
				proposal concerning conditions of release.
B. Where the client is not able to obtain
				release under the conditions set by the court, counsel should consider pursuing
				modification of the conditions of release under the procedures
				available.
C. If the court sets
				conditions of release which require the posting of a monetary bond or the
				posting of real property as collateral for release, counsel should make sure
				the client understands the available options and the procedures that must be
				followed in posting such assets. Where appropriate, counsel should advise the
				client and others acting in his or her behalf how to properly post such
				assets.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  15:142, 147 and
				  148.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 7 - Trial Court Performance Standards › Section XV-715 - Counsel's Duties at Preliminary Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. Where the client is entitled to a
				preliminary hearing, the attorney should take steps to see that the hearing is
				conducted in a timely fashion unless there are strategic reasons for not doing
				so.
B. In preparing for the
				preliminary hearing, the attorney should become familiar with:
1. the elements of each of the offenses
				alleged;
2. the law of the
				jurisdiction for establishing probable cause;
3. factual information which is available
				concerning probable cause; and
4.
				the subpoena process for obtaining compulsory attendance of witnesses at
				preliminary hearing and the necessary steps to be taken in order to obtain a
				proper recordation of the proceedings.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 7 - Trial Court Performance Standards › Section XV-717 - Duty of Counsel to Conduct Investigation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Counsel has a duty to conduct a prompt
				investigation of each case. Counsel should, regardless of the client's wish to
				admit guilt, insure that the charges and disposition are factually and legally
				correct and the client is aware of potential defenses to the charges.
B. Sources of investigative information may
				include the following.
1. Arrest warrant,
				accusation and/or indictment documents, and copies of all charging documents in
				the case should be obtained and examined to determine the specific charges that
				have been brought against the accused. The relevant statutes and precedents
				should be examined to identify:
a. the
				elements of the offense(s) with which the accused is charged;
b. the defenses, ordinary and affirmative,
				that may be available;
c. any
				lesser included offenses that may be available; and
d. any defects in the charging documents,
				constitutional or otherwise, such as statute of limitations or double
				jeopardy.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 7 - Trial Court Performance Standards › Section XV-719 - Formal and Informal Discovery

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Counsel has a duty to pursue as soon as practicable, discovery procedures
				provided by the rules of the jurisdiction and to pursue such informal discovery
				methods as may be available to supplement the factual investigation of the
				case. In considering discovery requests, counsel should take into account that
				such requests may trigger reciprocal discovery obligations.
B. Counsel should consider seeking discovery,
				at a minimum, of the following items:
1.
				potential exculpatory information;
2. potential mitigating
				information;
3. the names and
				addresses of all prosecution witnesses, their prior statements, and criminal
				record, if any;
4. all oral and/or
				written statements by the accused, and the details of the circumstances under
				which the statements were made;
5.
				the prior criminal record of the accused and any evidence of other misconduct
				that the government may intend to use against the accused;
6. all books, papers, documents, photographs,
				tangible objects, buildings or places, or copies, descriptions, or other
				representations, or portions thereof, relevant to the case;
7. all results or reports of relevant
				physical or mental examinations, and of scientific tests or experiments, or
				copies thereof;
8. statements of
				co-defendants;
9. all investigative
				reports by all law enforcement and other agencies involved in the case;
				and
10. all records of evidence
				collected and retained by law enforcement.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 7 - Trial Court Performance Standards › Section XV-721 - Development of a Theory of the Case

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				During investigation and trial preparation, counsel should develop and
				continually reassess a theory of the case. Counsel, during the investigatory
				stages of the case preparation must understand and develop strategies for
				advancing the appropriate defenses on behalf of the client.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  15:142, 147 and
				  148.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 7 - Trial Court Performance Standards › Section XV-723 - The Duty to File Pretrial Motions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Counsel should consider filing an
				appropriate motion whenever there exists a good-faith reason to believe that
				the defendant is entitled to relief which the court has discretion to
				grant.
B. The decision to file
				pretrial motions should be made after considering the applicable law in light
				of the known circumstances of each case.
C. Among the issues that counsel should
				consider addressing in a pretrial motion are:
1. the pretrial custody of the
				accused;
2. the constitutionality
				of the implicated statute or statutes;
3. the potential defects in the charging
				process;
4. the sufficiency of the
				charging document;
5. the propriety
				and prejudice of any joinder of charges or defendants in the charging
				document;
6. the discovery
				obligations of the prosecution and the reciprocal discovery obligations of the
				defense;
7. the suppression of
				evidence gathered as a result of violations of the Fourth, Fifth or Sixth
				Amendments to the United States Constitution, or corresponding state
				constitutional provisions, including:
a. the
				fruits of illegal searches or seizures;
b. involuntary statements or
				confessions;
c. statements or
				confessions obtained in violation of the accused's right to counsel or
				privilege against self-incrimination;
d. unreliable identification evidence which
				would give rise to a substantial likelihood of irreparable
				misidentification;
8.
				suppression of evidence gathered in violation of any right, duty or privilege
				arising out of state or local law;
9. access to resources which, or experts, who
				may be denied to an accused because of his or her indigence;
10. the defendant's right to a speedy
				trial;
11. the defendant's right to
				a continuance in order to adequately prepare his or her case;
12. matters of trial evidence which may be
				appropriately litigated by means of a pretrial motion in limine;
13. matters of trial or courtroom
				procedure.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 7 - Trial Court Performance Standards › Section XV-725 - Preparing, Filing, and Arguing Pretrial Motions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Motions should be filed in a timely
				manner, should comport with the formal requirements of the court rules and
				should succinctly inform the court of the authority relied upon. In filing a
				pretrial motion, counsel should be aware of the effect it might have upon the
				defendant's speedy trial rights.
B.
				When a hearing on a motion requires the taking of evidence, counsel's
				preparation for the evidentiary hearing should include:
1. investigation, discovery and research
				relevant to the claim advanced;
2.
				the subpoenaing of all helpful evidence and the subpoenaing and preparation of
				all helpful witnesses;
3. full
				understanding of the burdens of proof, evidentiary principles and trial court
				procedures applying to the hearing, including the benefits and potential
				consequences of having the client testify; and
4. familiarity with all applicable procedures
				for obtaining evidentiary hearings prior to trial.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 7 - Trial Court Performance Standards › Section XV-727 - Continuing Duty to File Pretrial Motions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Counsel should be prepared to raise during
				the subsequent proceedings any issue which is appropriately raised pretrial,
				but could not have been so raised because the facts supporting the motion were
				unknown or not reasonably available. Further, counsel should be prepared to
				renew a pretrial motion if new supporting information is disclosed in later
				proceedings.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  15:142, 147 and
				  148.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 7 - Trial Court Performance Standards › Section XV-729 - Performance Standard 6.A Duty of Counsel in Plea Negotiation Process

Current through Register Vol. 50, No. 6, June 20, 2024
A. Counsel should
				explore with the client the possibility and desirability of reaching a
				negotiated disposition of the charges rather than proceeding to a trial and in
				doing so should fully explain the rights that would be waived by a decision to
				enter a plea and not to proceed to trial.
B. Counsel should keep the client fully
				informed of any continued plea discussion and negotiations and promptly convey
				to the accused any offers made by the prosecution for a negotiated
				settlement.
C. Counsel shall not
				accept any plea agreement without the client's express authorization.
D. The existence of ongoing tentative plea
				negotiations with the prosecution should not prevent counsel from taking steps
				necessary to preserve a defense nor should the existence of ongoing plea
				negotiations prevent or delay counsel's investigation into the facts of the
				case and preparation of the case for further proceedings, including
				trial.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  15:142, 147 and
				  148.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 7 - Trial Court Performance Standards › Section XV-731 - The Process of Plea Negotiations

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				In order to develop an overall negotiation plan, counsel should be aware of,
				and make sure the client is aware of:
1. the
				maximum term of imprisonment and fine or restitution that may be ordered, and
				any mandatory punishment or sentencing guideline system; and counsel should
				make the client aware that a guilty plea may have adverse impact
				upon;
2. the possibility of
				forfeiture of assets;
3. other
				consequences of conviction including but not limited to deportation, the
				forfeiture of professional licensure, the ineligibility for various government
				programs including student loans, the prohibition from carrying a firearm, the
				suspension of a motor vehicle operator's license, the loss of the right to
				vote, the loss of the right to hold public office; and the registration and
				notification requirements for sexual offenders;
4. any possible and likely sentence
				enhancements or parole consequences.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 7 - Trial Court Performance Standards › Section XV-733 - The Decision to Enter a Plea of Guilty

Current through Register Vol. 50, No. 6, June 20, 2024
A. Counsel should inform the client of any
				tentative negotiated agreement reached with the prosecution, and explain to the
				client the full content of the agreement, and the advantages and disadvantages
				of the potential consequences of the agreement.
B. The decision to enter a plea of guilty
				rests solely with the client, and counsel should not attempt to unduly
				influence that decision.
C. If the
				client is a juvenile, consideration should be given to the request that a
				guardian be appointed to advise the juvenile if an adult family member is not
				available to act in a surrogate role.
D. A negotiated plea should be committed to
				writing whenever possible.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  15:142, 147 and
				  148.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 7 - Trial Court Performance Standards › Section XV-735 - Entering the Negotiated Plea before the Court

Current through Register Vol. 50, No. 6, June 20, 2024
A. Prior to the entry of the plea, counsel
				should:
1. make certain that the client
				understands the rights he or she will waive by entering the plea and that the
				clients decision to waive those rights is knowing, voluntary and
				intelligent;
2. make certain that
				the client receives a full explanation of the conditions and limits of the plea
				agreement and the maximum punishment, sanctions and collateral consequences the
				client will be exposed to by entering a plea;
3. explain to the client the nature of the
				plea hearing and prepare the client for the role he or she will play in the
				hearing, including answering questions of the judge and providing a statement
				concerning the offense; and
4. make
				certain that if the plea is a non-negotiated plea, the client is informed that
				once the plea has been accepted by the court, it may not be withdrawn after the
				sentence has been pronounced by the court.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 7 - Trial Court Performance Standards › Section XV-737 - Counsel's Duty of Trial Preparation

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				The decision to proceed to trial with or without a jury rests solely with the
				client. Counsel should discuss the relevant strategic considerations of this
				decision with the client.
B. Where
				appropriate, counsel should have the following materials available at the time
				of trial:
1. copies of all relevant documents
				filed in the case;
2. relevant
				documents prepared by investigators;
3. voir dire questions;
4. outline or draft of opening
				statement;
5. cross-examination
				plans for all possible prosecution witnesses;
6. direct examination plans for all
				prospective defense witnesses;
7.
				copies of defense subpoenas;
8.
				prior statements of all prosecution witnesses (e.g., transcripts, police
				reports) and counsel should have prepared transcripts of any audio or video
				taped witness statements;
9. prior
				statements of all defense witnesses;
10. reports from defense experts;
11. a list of all defense exhibits, and the
				witnesses through whom they will be introduced;
12. originals and copies of all documentary
				exhibits;
13. proposed jury
				instructions with supporting case citations;
14. where appropriate, consider and list the
				evidence necessary to support the defense requests for jury
				instructions:
15. copies of all
				relevant statutes and cases; and
16. outline or draft of closing
				argument.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 7 - Trial Court Performance Standards › Section XV-739 - Jury Selection

Current through Register Vol. 50, No. 6, June 20, 2024
A. Preparing
				for Voir Dire
1. Counsel should be familiar
				with the procedures by which a jury venire is selected in the particular
				jurisdiction and should be alert to any potential legal challenges to the
				composition or selection of the venire.
2. Counsel should be familiar with the local
				practices and the individual trial judge's procedures for selecting a jury from
				a panel of the venire, and should be alert to any potential legal challenges to
				these procedures.
3. Prior to jury
				selection, counsel should seek to obtain a prospective juror list.
4. Where appropriate, counsel should develop
				voir dire questions in advance of trial. Counsel should tailor voir dire
				questions to the specific case. Among the purposes voir dire questions should
				be designed to serve are the following:
a. to
				elicit information about the attitudes of individual jurors, which will inform
				counsel and defendant about peremptory strikes and challenges for
				cause;
b. to convey to the panel
				certain legal principles which are critical to the defense case;
c. to preview the case for the jurors so as
				to lessen the impact of damaging information which is likely to come to their
				attention during the trial;
d. to
				present the client and the defense case in a favorable light, without
				prematurely disclosing information about the defense case to the prosecutor;
				and
e. to establish a relationship
				with the jury.
5.
				Counsel should be familiar with the law concerning mandatory and discretionary
				voir dire inquiries so as to be able to defend any request to ask particular
				questions of prospective jurors.
6.
				Counsel should be familiar with the law concerning challenges for cause and
				peremptory strikes. Counsel should also be aware of the law concerning whether
				peremptory challenges need to be exhausted in order to preserve for appeal any
				challenges for cause which have been denied.
7. Where appropriate, counsel should consider
				whether to seek expert assistance in the jury selection process.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 7 - Trial Court Performance Standards › Section XV-741 - Opening Statement

Current through Register Vol. 50, No. 6, June 20, 2024
A. Prior to
				delivering an opening statement, counsel should ask for sequestration of
				witnesses, unless a strategic reason exists for not doing so.
B. Counsel should be familiar with the law of
				the jurisdiction and the individual trial judge's rules regarding the
				permissible content of an opening statement.
C. Counsel should consider the strategic
				advantages and disadvantages of disclosure of particular information during
				opening statement and of deferring the opening statement until the beginning of
				the defense case.
D. Counsel's
				objective in making an opening statement may include the following:
1. to provide an overview of the defense
				case;
2. to identify the weaknesses
				of the prosecution's case;
3. to
				emphasize the prosecution's burden of proof;
4. to summarize the testimony of witnesses,
				and the role of each in relationship to the entire case;
5. to describe the exhibits which will be
				introduced and the role of each in relationship to the entire case;
6. to clarify the jurors'
				responsibilities;
7. to state the
				ultimate inferences which counsel wishes the jury to draw; and
8. to establish counsel's credibility with
				the jury.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 7 - Trial Court Performance Standards › Section XV-743 - Preparation for Challenging the Prosecution's Case

Current through Register Vol. 50, No. 6, June 20, 2024
A. Counsel should attempt to anticipate
				weaknesses in the prosecution's proof and consider researching and preparing
				corresponding motions for judgment of acquittal.
B. Counsel should consider the advantages and
				disadvantages of entering into stipulations concerning the prosecution's
				case.
C. In preparing for
				cross-examination, counsel should be familiar with the applicable law and
				procedures concerning cross-examinations and impeachment of witnesses. In order
				to develop material for impeachment or to discover documents subject to
				disclosure, counsel should be prepared to question witnesses as to the
				existence of prior statements which they may have made or adopted.
D. In preparing for cross-examination,
				counsel should:
1. consider the need to
				integrate cross-examination, the theory of the defense and closing
				argument;
2. consider whether
				cross-examination of each individual witness is likely to generate helpful
				information;
3. anticipate those
				witnesses the prosecutor might call in its case-in-chief or in
				rebuttal;
4. consider a
				cross-examination plan for each of the anticipated witnesses;
5. be alert to inconsistencies in a witness'
				testimony;
6. be alert to possible
				variations in witnesses' testimony;
7. review all prior statements of the
				witnesses and any prior relevant testimony of the prospective
				witnesses;
8. have prepared a
				transcript of all audio or video tape recorded statements made by the
				witness;
9. where appropriate,
				review relevant statutes and local police policy and procedure manuals,
				disciplinary records and department regulations for possible use in
				cross-examining police witnesses;
10. be alert to issues relating to witness
				credibility, including bias and motive for testifying; and
11. have prepared, for introduction into
				evidence, all documents which counsel intends to use during the
				cross-examination, including certified copies of records such as prior
				convictions of the witness or prior sworn testimony of the witness.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 7 - Trial Court Performance Standards › Section XV-745 - Presenting the Defendant's Case

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Counsel should develop, in consultation with the client, an overall defense
				strategy. In deciding on defense strategy, counsel should consider whether the
				client's interests are best served by not putting on a defense case, and
				instead relying on the prosecution's failure to meet its constitutional burden
				of proving each element beyond a reasonable doubt. Counsel should also consider
				the tactical advantage of having final closing argument when making the
				decision whether to present evidence other than the defendant's
				testimony.
B. Counsel should
				discuss with the client all of the considerations relevant to the client's
				decision to testify. Counsel should also be familiar with his or her ethical
				responsibilities that may be applicable if the client insists on testifying
				untruthfully.
C. Counsel should be
				aware of the elements of any affirmative defense and know whether, under the
				applicable law of the jurisdiction, the client bears a burden of persuasion or
				a burden of production.
D. In
				preparing for presentation of a defense case, counsel should, where
				appropriate:
1. develop a plan for direct
				examination of each potential defense witness;
2. determine the implications that the order
				of witnesses may have on the defense case;
3. determine what facts necessary for the
				defense case can be elicited through the cross-examination of the prosecution's
				witnesses;
4. consider the possible
				use of character witnesses;
5.
				consider the need for expert witnesses and what evidence must be submitted to
				lay the foundation for the expert's testimony;
6. review all documentary evidence that must
				be presented; and
7. review all
				tangible evidence that must be presented.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 7 - Trial Court Performance Standards › Section XV-747 - Preparation of the Closing Argument

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Counsel should be familiar with the substantive limits on both prosecution and
				defense summation.
B. Counsel
				should be familiar with the court rules, applicable statutes and law, and the
				individual judge's practice concerning time limits and objections during
				closing argument, and provisions for rebuttal argument by the
				prosecution.
C. In developing
				closing argument, counsel should review the proceedings to determine what
				aspects can be used in support of defense summation and, where appropriate,
				should consider:
1. highlighting weaknesses
				in the prosecution's case;
2.
				describing favorable inferences to be drawn from the evidence;
3. incorporating into the argument:
a. helpful testimony from direct and
				cross-examinations;
b. verbatim
				instructions drawn from the jury charge; and
c. responses to anticipated prosecution
				arguments;
4. and the
				effects of the defense argument on the prosecutor's rebuttal
				argument.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 7 - Trial Court Performance Standards › Section XV-749 - Jury Instructions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Counsel
				should be familiar with the Louisiana Rules of Court and the individual judge's
				practices concerning ruling on proposed instructions, charging the jury, use of
				standard charges and preserving objections to the instructions.
B. Counsel should always submit proposed jury
				instructions in writing.
C. Where
				appropriate, counsel should submit modifications of the standard jury
				instructions in light of the particular circumstances of the case, including
				the desirability of seeking a verdict on a lesser included offense. Where
				possible, counsel should provide citations to case law in support of the
				proposed instructions.
D. Where
				appropriate, counsel should object to and argue against improper instructions
				proposed by the prosecution.
E. If
				the court refuses to adopt instructions requested by counsel, or gives
				instructions over counsel's objection, counsel should take all steps necessary
				to preserve the record, including, where appropriate, filing a written copy of
				proposed instructions.
F. During
				delivery of the charge, counsel should be alert to any deviations from the
				judge's planned instructions, object to deviations unfavorable to the client,
				and, if necessary request additional or curative instructions.
G. If the court proposes giving supplemental
				instructions to the jury, either upon request of the jurors or upon their
				failure to reach a verdict, counsel should request that the judge state the
				proposed charge to counsel before it is delivered to the jury. Counsel should
				renew or make new objections to any additional instructions given to the jurors
				after the jurors have begun their deliberations.
H. Counsel should reserve the right to make
				exceptions to the jury instructions above and beyond any specific objections
				that were made during the trial.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  15:142, 147 and
				  148.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 7 - Trial Court Performance Standards › Section XV-751 - Obligations of Counsel at Sentencing Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. Among counsel's obligations in the
				sentencing process are:
1. where a defendant
				chooses not to proceed to trial, to ensure that a plea agreement is negotiated
				with consideration of the sentencing, correctional, financial and collateral
				implications;
2. to ensure the
				client is not harmed by inaccurate information or information that is not
				properly before the court in determining the sentence to be imposed;
3. to ensure all reasonably available
				mitigating and favorable information, which is likely to benefit the client, is
				presented to the court;
4. to
				develop a plan which seeks to achieve the least restrictive and burdensome
				sentencing alternative that is most acceptable to the client, and which can
				reasonably be obtained based on the facts and circumstances of the offense, the
				defendant's background, the applicable sentencing provisions, and other
				information pertinent to the sentencing decision;
5. to ensure all information presented to the
				court which may harm the client and which is not shown to be accurate and
				truthful or is otherwise improper is stricken from the text of the pre-sentence
				investigation report before distribution of the report; and
6. to consider the need for and availability
				of sentencing specialists, and to seek the assistance of such specialists
				whenever possible and warranted.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 7 - Trial Court Performance Standards › Section XV-753 - Sentencing Options, Consequences and Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. Counsel should be familiar with the
				sentencing provisions and options applicable to the case, including:
1. any sentencing guideline
				structure;
2. deferred sentence,
				judgment without a finding, and diversionary programs;
3. expungement and sealing of
				records;
4. probation or suspension
				of sentence and permissible conditions of probation;
5. the potential of recidivist
				sentencing;
6. fines, associated
				fees and court costs;
7. victim
				restitution;
8. reimbursement of
				attorneys' fees;
9. imprisonment
				including any mandatory minimum requirements;
10. the effects of "guilty but mentally ill"
				and "not guilty by reason of insanity" pleas; and
11. civil forfeiture implications of a guilty
				plea.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 7 - Trial Court Performance Standards › Section XV-755 - Preparation for Sentencing

Current through Register Vol. 50, No. 6, June 20, 2024
A. In
				preparing for sentencing, counsel should consider the need to:
1. inform the client of the applicable
				sentencing requirements, options, and alternatives, and the likely and possible
				consequences of the sentencing alternatives;
2. maintain regular contact with the client
				prior to the sentencing hearing, and inform the client of the steps being taken
				in preparation for sentencing;
3.
				obtain from the client relevant information concerning such subjects as his or
				her background and personal history, prior criminal record, employment history
				and skills, education, medical history and condition, and financial status,
				family obligations, and obtain from the client sources through which the
				information provided can be corroborated;
4. 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 admission of guilt may have upon an appeal, subsequent
				retrial or trial on other offenses;
5. inform the client of the effects that
				admissions and other statements may have upon an appeal, retrial, parole
				proceedings, or other judicial proceedings, such as forfeiture or restitution
				proceedings;
6. prepare the client
				to be interviewed by the official preparing the pre-sentence report; and ensure
				the client has adequate time to examine the pre-sentence report, if one is
				utilized by the court;
7. inform
				the client of the sentence or range of sentences counsel will ask the court to
				consider; if the client and counsel disagree as to the sentence or sentences to
				be urged upon the court, counsel shall inform the client of his or her right to
				speak personally for a particular sentence or sentences;
8. collect documents and affidavits to
				support the defense position and, where relevant, prepare witnesses to testify
				at the sentencing hearing; where necessary, counsel should specifically request
				the opportunity to present tangible and testimonial evidence; and
9. inform the client of the operation of the
				Louisiana Sentence Review Panel and the procedures to be followed in submitting
				any possible sentence to the Panel for review, if applicable.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 7 - Trial Court Performance Standards › Section XV-757 - The Prosecution's Sentencing Position

Current through Register Vol. 50, No. 6, June 20, 2024
A. Counsel should attempt to determine,
				unless there is a sound tactical reason for not doing so, whether the
				prosecution will advocate that a particular type or length of sentence be
				imposed.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  15:142, 147 and
				  148.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 7 - Trial Court Performance Standards › Section XV-759 - The Sentencing Process

Current through Register Vol. 50, No. 6, June 20, 2024
A. Counsel
				should be prepared at the sentencing proceeding to take the steps necessary to
				advocate fully for the requested sentence and to protect the client's
				interest.
B. Counsel should be
				familiar with the procedures available for obtaining an evidentiary hearing
				before the court in connection with the imposition of sentence.
C. In the event there will be disputed facts
				before the court at sentencing, counsel should consider requesting an
				evidentiary hearing. Where a sentencing hearing will beheld, counsel should
				ascertain who has the burden of proving a fact unfavorable to the defendant, be
				prepared to object if the burden is placed on the defense, and be prepared to
				present evidence, including testimony of witnesses, to contradict erroneous or
				misleading information unfavorable to the defendant.
D. Where information favorable to the
				defendant will be disputed or challenged, counsel should be prepared to present
				supporting evidence, including testimony of witnesses, to establish the facts
				favorable to the defendant.
E.
				Where the court has the authority to do so, counsel should request specific
				orders or recommendations from the court concerning the place of confinement,
				probation or suspension of part or all of the sentence, psychiatric treatment
				or drug rehabilitation.
F. Where
				appropriate, counsel should prepare the client to personally address the
				court.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  15:142, 147 and
				  148.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 7 - Trial Court Performance Standards › Section XV-761 - Motion for a New Trial

Current through Register Vol. 50, No. 6, June 20, 2024
A. Counsel
				should be familiar with the procedures available to request a new trial
				including the time period for filing such a motion, the effect it has upon the
				time to file a notice of appeal, and the grounds that can be raised.
B. When a judgment of guilty has been entered
				against the defendant after trial, counsel should consider whether it is
				appropriate to file a motion for a new trial with the trial court. In deciding
				whether to file such a motion, the factors counsel should consider include:
1. the likelihood of success of the motion,
				given the nature of the error or errors that can be raised; and
2. the effect that such a motion might have
				upon the defendant's appellate rights, including whether the filing of such a
				motion is necessary to, or will assist in, preserving the defendant's right to
				raise on appeal the issues that might be raised in the new trial
				motion.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 7 - Trial Court Performance Standards › Section XV-763 - The Defendant's Right to an Appeal

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Following conviction, counsel should inform the defendant of his or her right
				to appeal the judgment of the court and the action that must be taken to
				perfect an appeal. In circumstances where the defendant wants to file an appeal
				but is unable to do so without the assistance of counsel, the attorney should
				file the notice in accordance with the rules of the court and take such other
				steps as are necessary to preserve the defendant's right to appeal, such as
				ordering transcripts of the trial proceedings.
B. Where the defendant takes an appeal, trial
				counsel should cooperate in providing information to appellate counsel (where
				new counsel is handling the appeal) concerning the proceedings in the trial
				court.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  15:142, 147 and
				  148.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 7 - Trial Court Performance Standards › Section XV-765 - Bail Pending Appeal

Current through Register Vol. 50, No. 6, June 20, 2024
A. Where a
				client indicates a desire to appeal the judgment and/or sentence of the court,
				counsel should inform the client of any right that may exist to be released on
				bail pending the disposition of the appeal.
B. Where an appeal is taken and the client
				requests bail pending appeal, trial counsel should cooperate with retained
				appellate counsel in providing information to pursue the request for bail.
				Pursuant to the contracts between the Louisiana Appellate Project and the
				district defender offices, district defenders are responsible for pursuing bail
				pending appeal for those clients requesting bail.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  15:142, 147 and
				  148.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 7 - Trial Court Performance Standards › Section XV-767 - Expungement or Sealing of Record

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Counsel should inform the client of any procedures available for requesting
				that the record of conviction be expunged or sealed.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  15:142, 147 and
				  148.