TITLE 19

CRIMINAL PROCEDURE

CHAPTER 27

EXECUTION

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.]