Cal. R. 8.391

As amended through May 17, 2024

Rule 8.391 - Qualifications and appointment of counsel by the Court of Appeal

(a) Qualifications

To be appointed by the Court of Appeal to represent an indigent petitioner not represented by the State Public Defender in an appeal under this article, an attorney must:

(1) Meet the minimum qualifications established by rule 8.652 for attorneys to be appointed to represent a person in a death penalty-related habeas corpus proceeding, including being willing to cooperate with an assisting counsel or entity that the court may designate;

(2) Be familiar with appellate practices and procedures in the California courts, including those related to death penalty appeals; and

(3) Not have represented the petitioner in the habeas corpus proceedings that are the subject of the appeal unless the petitioner and counsel expressly request, in writing, continued representation.

(b) Designation of assisting entity or counsel

Either before or at the time it appoints counsel, the court must designate an assisting entity or counsel.

Cal. R. Ct. 8.391

Rule 8.391 adopted effective 4/25/2019.

Advisory Committee Comment

A party may seek review of a Court of Appeal decision in a habeas corpus proceeding by way of a petition for review in the Supreme Court under rule 8.500.

Subdivision (f). Under this rule, a remittitur serves as notice that the habeas corpus proceedings have concluded.