Missouri Laws 547.370 – Post conviction relief, death penalty
1. When a motion is filed as provided in section 547.360 to set aside a sentence of death, the court shall find on the record whether the movant is indigent. If the movant is indigent, the court shall cause to be appointed two counsel to represent the movant. If movant seeks to reject the appointment of counsel, the court shall find on the record, after a hearing, if necessary, whether the movant is able to competently decide whether to accept or reject the appointment and whether the movant rejected the offer with the understanding of its legal consequences. Unless the movant is so competent and understands the legal consequences, movant shall not be permitted to reject the appointment of counsel.
2. All counsel appointed as provided in this section shall be members of The Missouri Bar or shall be admitted to practice in the particular case as provided in Missouri supreme court rule 9. At least one of the counsel shall meet the following qualifications:
Terms Used In Missouri Laws 547.370
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- following: when used by way of reference to any section of the statutes, mean the section next preceding or next following that in which the reference is made, unless some other section is expressly designated in the reference. See Missouri Laws 1.020
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Public defender: Represent defendants who can't afford an attorney in criminal matters.
- State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1) Have attended and successfully completed within two years immediately preceding the appointment at least twelve hours of training or educational programs on the postconviction phase of a criminal case and federal and state aspects of cases in which the death penalty is sought; and
(2) Have at least three years litigation experience in the field of criminal law; and
(3) Have participated as counsel or co-counsel to final judgment in at least five postconviction motions involving class A felonies in either state or federal trial courts; and
(4) Have participated in either state or federal court as counsel or co-counsel to final judgment in at least:
(a) Three felony jury trials; or
(b) Five direct criminal appeals in felony cases.
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Counsel shall certify to the state public defender in such form as the defender may require that counsel meets the qualifications of this section prior to filing counsel’s entry of appearance in the case.
3. Counsel appointed to represent the movant shall not have represented the movant at trial or on the direct appeal therefrom.
4. As to any counsel appointed as provided in this section, the state public defender shall provide counsel with reasonable compensation and shall provide reasonable and necessary litigation expenses.