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2017 Arkansas Code
Title 16 - Practice, Procedure, and Courts
Subtitle 6 - Criminal Procedure Generally
Chapter 91 - Appeal and Post-Conviction
Subchapter 2 - Arkansas Effective Death Penalty Act of 1997
§ 16-91-201. Access to files
Universal Citation: AR Code § 16-91-201 (2017)
- (a) In the case of a defendant who has been convicted of a capital offense and sentenced to death, the defendant's prior trial counsel shall make available to the defendant's state post-conviction counsel the complete files of the defendant's trial counsel, and the defendant's prior counsel on direct appeal shall make available to the defendant's state post-conviction counsel the complete files of the defendant's appellate counsel.
- (b) The defendant's post-conviction counsel may inspect and photocopy the files, but the defendant's prior trial and appellate counsel shall maintain custody of their respective files for at least five (5) years following completion of the direct review process in state court, except as to the material which is admitted into evidence in any trial proceedings.
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