Court Business

• Publication year: 1997
• Pages: 79

26 Colo.Law. 79 Colorado Lawyer 1997.

1997, December, Pg. 79. Court Business

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79

Vol.26, No. 11, Pg. 79

The Colorado Lawyer
December 1997
Vol. 26, No. 12 [Page 79]

From the Courts
Court Business
Court Business

Chapter 29. Colorado Rules of Criminal Procedure
VII. JUDGMENT
Rule 32.2. Death Penalty Post-Trial Procedures

(a) PURPOSE AND SCOPE. THE PURPOSE OF THIS RULE IS TO ESTABLISH A FAIR, JUST AND EXPEDITIOUS PROCEDURE FOR CONDUCTING TRIAL COURT REVIEW OF ANY POST-TRIAL MOTIONS AND OF ANY POST-CONVICTION MOTIONS, AND FOR CONDUCTING APPELLATE REVIEW OF DIRECT APPEAL AND POST-CONVICTION REVIEW APPEAL IN CLASS ONE FELONY CASES IN WHICH A SENTENCE OF DEATH IS IMPOSED, AS DIRECTED BY SECTION 16-12-201, 8A C.R.S. (1997) ET SEQ

(b) TRIAL COURT PROCEDURE

(1) STAY OF EXECUTION. THE THREE-JUDGE PANEL, UPON THE IMPOSITION OF A DEATH SENTENCE, SHALL SET THE TIME OF EXECUTION PURSUANT TO SECTION 16-11-403 AND ENTER AN ORDER STAYING EXECUTION OF THE JUDGMENT AND SENTENCE UNTIL RECEIPT OF AN ORDER FROM THE SUPREME COURT. THE TRIAL COURT SHALL IMMEDIATELY MAIL TO THE SUPREME COURT A COPY OF THE JUDGMENT, SENTENCE, AND MITTIMUS.

(2) POST-TRIAL MOTIONS. THE DEFENDANT MAY FILE ANY POST-TRIAL MOTIONS, PURSUANT TO CRIM. P. 33, WITHIN 15 DAYS AFTER THE VERDICT OR FINDING OF GUILT. HEARINGS ON POST-TRIALS MOTIONS, IF NECESSARY, SHALL BE HELD WITHIN 20 DAYS OF THE FILING OF THE MOTIONS, AND RULING BY THE TRIAL COURT ON SUCH MOTIONS SHALL BE COMPLETED BEFORE THE SENTENCING HEARING.

(3) ADVISEMENT AND ORDER. WITHIN 5 DAYS OF THE IMPOSITION OF THE SENTENCE OF DEATH, THE COURT SHALL HOLD A HEARING (ADVISEMENT DATE) AND SHALL ADVISE THE DEFENDANT PURSUANT TO SECTIONS 16-12-204 AND 205. ON THE ADVISEMENT DATE, THE COURT SHALL:

(I) APPOINT NEW COUNSEL TO REPRESENT THE DEFENDANT CONCERNING DIRECT APPEAL AND POST-CONVICTION REVIEW MATTERS ABSENT WAIVER BY THE DEFENDANT;

(II) MAKE SPECIFIC FINDINGS AS TO WHETHER ANY WAIVER BY THE DEFENDANT OF THE RIGHT TO POST-CONVICTION REVIEW, DIRECT APPEAL OR THE APPOINTMENT OF NEW COUNSEL IS MADE KNOWINGLY, VOLUNTARILY AND INTELLIGENTLY;

(III) ORDER THE PROSECUTING ATTORNEY TO DELIVER TO COUNSEL FOR THE DEFENDANT WITHIN 5 DAYS OF THE ADVISEMENT DATE ONE COPY OF ALL MATERIAL AND INFORMATION IN THE PROSECUTING ATTORNEY'S POSSESSION OR CONTROL THAT IS DISCOVERABLE UNDER CRIM. P. 16 OR PERTAINS TO PUNISHMENT, UNLESS SUCH...