547.370. Post conviction relief, death penalty.
Post conviction relief, death penalty.
547.370. 1. When a motion is filed as provided in section 547.360 toset aside a sentence of death, the court shall find on the record whetherthe movant is indigent. If the movant is indigent, the court shall causeto be appointed two counsel to represent the movant. If movant seeks toreject the appointment of counsel, the court shall find on the record,after a hearing, if necessary, whether the movant is able to competentlydecide whether to accept or reject the appointment and whether the movantrejected 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 membersof The Missouri Bar or shall be admitted to practice in the particular caseas provided in Missouri supreme court rule 9. At least one of the counselshall meet the following qualifications:
(1) Have attended and successfully completed within two yearsimmediately preceding the appointment at least twelve hours of training oreducational programs on the postconviction phase of a criminal case andfederal and state aspects of cases in which the death penalty is sought;and
(2) Have at least three years litigation experience in the field ofcriminal law; and
(3) Have participated as counsel or co-counsel to final judgment inat least five postconviction motions involving class A felonies in eitherstate or federal trial courts; and
(4) Have participated in either state or federal court as counsel orco-counsel to final judgment in at least:
(a) Three felony jury trials; or
(b) Five direct criminal appeals in felony cases.
Counsel shall certify to the state public defender in such form as thedefender may require that counsel meets the qualifications of this sectionprior to filing counsel's entry of appearance in the case.
3. Counsel appointed to represent the movant shall not haverepresented the movant at trial or on the direct appeal therefrom.
4. As to any counsel appointed as provided in this section, the statepublic defender shall provide counsel with reasonable compensation andshall provide reasonable and necessary litigation expenses.
(L. 1997 S.B. 56 §§ 13 and 15)