Supreme Court Rules - Rule 24 - Rules of Criminal Procedure - Misdemeanors or Felonies - Arraignment and Proceedings Before Trial: Conviction After Guilty Plea - Correction - Death Sentence

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Supreme Court Rules

		Section/Rule:	24.036
Subject:	Rule 24 - Rules of Criminal Procedure - Misdemeanors or Felonies - Arraignment and Proceedings Before Trial	Publication / Adopted Date:	June 13, 1979
Topic:	Conviction After Guilty Plea - Correction - Death Sentence - Appointment of Counsel	Revised / Effective Date:	January 1, 2021

24.036. Conviction After Guilty Plea - Correction - Death Sentence - Appointment of Counsel

(a) Within 30 days after a motion is filed as provided in Rule 24.035 to set aside a sentence of death, the court shall cause two counsel to be appointed for the movant. If movant seeks to reject the appointment of counsel, the court shall find on the record, after a hearing if necessary, whether the movant is able to competently decide whether to accept or reject the appointment and whether the movant rejected 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.

(b) All counsel appointed as provided in this Rule 24.036 shall be members of The Missouri Bar or shall be admitted to practice in the particular case as provided in this Court's Rule 9. At least one of the counsel shall meet the following qualifications:

(1) Have attended and successfully completed within two years immediately preceding the appointment at least twelve hours of training or educational programs on the post-conviction phase of a criminal case and federal and state aspects of cases in which the death penalty is sought; and

(2) Have at least three years litigation experience in the field of criminal law; and

(3) Have participated as counsel or co-counsel to final judgment in at least five post-conviction motions involving class A felonies in either state or federal trial courts; and

(4) Have participated in either state or federal court as counsel or co-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 the defender may require that counsel meets the qualifications of this Rule 24.036 prior to filing counsel's entry of appearance in the case.

(c) Counsel appointed to represent the movant shall not have represented the movant at trial or on the direct appeal therefrom.

(d) As to any counsel appointed as provided in this Rule 24.036, the state public defender shall provide counsel with reasonable compensation and shall provide reasonable and necessary litigation expenses.

(e) The following provision is in lieu of Rule 24.035(g) when a motion is filed as provided in Rule 24.035 to set aside a sentence of death.

Any amended motion shall be signed by movant or counsel. The amended motion shall not incorporate by reference or attachment material contained in any previously filed motion nor attach or incorporate the pro se motion. All claims shall be included within the same body and text of the amended motion.

An amended motion shall be filed within 180 days of the earlier of:

(1) the date both the mandate of the appellate court is issued and counsel is appointed; or

(2) the date both the mandate of the appellate court is issued and an entry of appearance is filed by any counsel that is not appointed but enters an appearance on behalf of movant.

For good cause shown, the court may extend the time for filing the amended motion for a period not to exceed 90 days.

Any response to the motion by the prosecutor shall be filed within 30 days after the date an amended motion is required to be filed.

(f)

This Rule 24.036 shall be applicable to all motions filed on or after January 1, 2021, as provided in Rule

24.035

(Adopted Nov. 19, 1996, eff. July 1, 1997. Amended April 28, 2020, eff. Jan. 1, 2021.)