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Duties Of Capital Trial Counsel Under The California “Death Penalty Reform And Savings Act Of 2016”, Robert M. Sanger
Duties Of Capital Trial Counsel Under The California “Death Penalty Reform And Savings Act Of 2016”, Robert M. Sanger
Robert M. Sanger
Every trial lawyer who is handling a capital case in California or who has handled a capital case for which the decision of the California Supreme Court is not final on a pending habeas corpus petition, needs to be aware of certain specific duties and strategies required by The Death Penalty Reform and Savings Act of 2016,1 Proposition 66, enacted by the voters2 on November 8, 2016.3 The Act imposes new duties on capital trial counsel following a judgment of death, will require more prompt discharge of other duties and may even present an opportunity. While the article focuses on …
The Requirement Of An Investigator In Public And Private Practice, Robert M. Sanger
The Requirement Of An Investigator In Public And Private Practice, Robert M. Sanger
Robert M. Sanger
Trial lawyers do everything we can to avoid IAC and support the requirements of the Sixth Amendment to the United States Constitution which provides that the accused has a right to counsel -- counsel that is not only present but also effective. Under Ake v. Oklahoma , the United States Supreme Court stated that the right includes the right to have experts and investigators. Since Ake, there has been much litigation, particularly in capital cases, regarding the right to have the use of such experts to do an effective job.
The California courts have made it clear that the …