La. Admin. Code tit. 22 § XV-307

Current through Register Vol. 50, No. 9, September 20, 2024

Section XV-307 - Certification Guidelines for Capital Appellate Counsel

A. To be certified to serve as counsel in the appeal of a capital case, an attorney shall satisfy the following minimum standards:

1. be familiar with the practice and procedure of the Louisiana Supreme Court in the appeal of capital cases and the practice and procedure of the United States Supreme Court in the application for writs of certiorari in capital cases;

2. be an experienced and active trial or appellate practitioner with at least five years experience in the field of criminal defense;

3. have prior experience within the last five years as counsel of record in the appeal of no fewer than three felony convictions in federal or state court; and

4. have prior experience within the last five years as counsel of record in the appeal or post-conviction application, in federal or state court, of at least one case where a sentence of death was imposed;

5. in cases in which applicants lack the requirements of Paragraphs 1-4 above, the chair of the board of the Louisiana Indigent Defense Assistance Board may grant permission for that applicant to be certified.

La. Admin. Code tit. 22, § XV-307

Promulgated by the Office of the Governor, Louisiana Indigent Defense Assistance Board, LR 28:1203 (June 2002).

AUTHORITY NOTE: Promulgated in accordance with R.S. 15:149.1 and 15:151.2(E)-(F).