Ohio R. Appt. Coun. Cap. Cases 4.02

As amended through October 29, 2024
Section 4.02 - Defense-of-Capital-Cases Training Program Accreditation
(A) Training program topics

To be accredited by the Commission on Appointment of Counsel in Capital Cases, a training program in the defense of capital cases may include, but need not be limited to, presentations and training in the following areas:

(1) State, federal, and international law, both procedural and substantive, governing capital cases;
(2) Pleading and motion practice;
(3) Pretrial investigation, preparation, and theory development regarding trial and sentencing;
(4) Jury selection;
(5) Trial preparation and presentation, including the use of experts;
(6) Ethical considerations particular to capital defense representation;
(7) Preservation of the record and of issues for post-conviction review;
(8) The attorney's relationship with the client and the client's family;
(9) Post-conviction litigation in state and federal courts;
(10) The presentation and rebuttal of scientific evidence;
(11) Developments in mental health fields and other relevant areas of forensic and biological science;
(12) The unique issues relating to the defense of juveniles charged with committing capital offenses;
(13) The best practices for the representation of indigent defendants in capital cases as promulgated by the commission pursuant to Appt.Coun.R. 2.02(A)(4);
(14) Death penalty appellate and post-conviction litigation in state and federal courts.
(B) Audio or video presentations

The commission shall not accredit a training program in the defense of capital cases that is an audio or video presentation of a recorded training program previously accredited by the commission.

(C) Prosecuting attorneys

The commission shall not accredit a training program in defense of capital cases that is offered to full-time prosecuting attorneys.

Ohio R. Appt. Coun. Cap. Cases 4.02

Effective Date:2/1/2015