2019 Idaho Code
Title 19 - CRIMINAL PROCEDURE
Chapter 27 - EXECUTION
Section 19-2720 - INQUIRY INTO NEED FOR NEW COUNSEL.

Universal Citation: ID Code § 19-2720 (2019)

19-2720. INQUIRY INTO NEED FOR NEW COUNSEL. After the imposition of a sentence of death, the trial judge should advise the defendant that, upon a particularized showing that there is a reasonable basis to litigate a claim of ineffective assistance of trial counsel, new counsel may be appointed to represent the defendant to pursue such a claim in a post-conviction proceeding. If no such request is made, the trial judge shall certify of record that there are no facts that have come to the court’s attention upon which such a claim could reasonably be based or, alternatively, the court may appoint new counsel. No deficiency in the application of the procedure described herein shall be grounds for relief from a judgment of conviction or from a sentence.

History:

[(19-2720) 19-2719A, added 1995, ch. 140, sec. 4, p. 598; am. and redesig. 2005, ch. 25, sec. 14, p. 91.]

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