Appendix III Checklists

• Library: Post-Conviction Practice: A Manual for Illinois Attorneys (2012 Ed.)

Appendix III: Checklists

Appendix III.A: Interview and Investigation Checklist

(People to Interview and Issues Outside the Record)

People to Interview

As you consider which people to interview, realize this list is over-inclusive. You will most likely not have the time or resources to interview all of these people. Consider who will be most valuable to your client's case and who will be most likely to have information about the facts of the case, the facts surrounding the trial, and your client's life. Additionally, let your imagination guide you; if there is someone who is not mentioned on this list who would be beneficial, be sure to include them in your interviews.

___Client

___Prior counsel in this case

___Any alleged accomplices

___Counsel for any alleged accomplice

___Witnesses to the offense ___Witnesses to client's arrest

___Anyone else who was questioned by the police for any reason, including other suspects

___Investigating officers

___Client's immediate family

___Client's extended family

___Client's neighbors

___Spouse, former spouse(s) or girlfriend(s)

___Non-family members of your client's household

___Neighbors of the complaining witness and/or victim

___Members of the complaining witness's and/or victim's family

___The complaining witness's and/or victim's friends

___The complaining witness's and/or victim's employer and co-workers

___Newspaper and other media reporters who covered the case

___Any medical personnel involved

___The medical examiner who did the autopsy

___Members of the prosecutor's office

___Social service agency workers who served your client's family

___Friends (from childhood to the present)

___Teachers, principals, coaches

___Co-workers

___Employers

___Psychiatrist/psychologist/other mental health workers your client has seen

___Your client's family physician

___Mental health workers who have seen members of your client's family

___Alleged accomplices from this or prior offenses

___Superior officers in the military, or members of your client's military group

___Corrections officers from all incarcerations, including current offense

___Clergy from religious groups your client or his family belonged to

___Counsel in any prior offense

___Defense investigator in this case or in any prior offense

___Witnesses to any prior offense

___Investigating officers to any prior offense

___Prosecuting attorney to any prior offense

___Police officers, prosecutors or defense counsel involved in any criminal proceeding against a family member

___The trial judge

___Court personnel (e.g., judge's law clerk, bailiffs, court reporters)

Appendix III.A: Interview and Investigation Checklist

Issues Requiring Information Outside the Record

As mentioned before, this list is over-inclusive. You will most likely not have the time nor resources to investigate all of these issues. Many of these issues will not even be present in your client's case. Consider which topics might be most fruitful, whether or not they are listed here, and use information for your case, your client, and your interviews to understand where your strongest arguments lie.

Racially Motivated Bias

___Client was arrested, charged, prosecuted without plea bar gaining, tried, convicted and/or sentenced on the basis of racial considerations

___Members of a cognizable group were excluded from your client's grand or petit jury

The Prosecution Concealed Material Favorable to the Defense

___Inconsistent statements of state witnesses

___Deals of any kind made with state witnesses

___Evidence indicating client's possible insanity

___Evidence indicating client's self-defense

___Evidence of prior altercations between your client and the victim

___Evidence indicating your client's intoxication

___Evidence of coercion of client by a co-defendant

___Evidence of severe mental retardation

___Witness' statements that support a theory of non-culpability of your client

___Initial inability of...