How To Comply with ABA Guideline 10.7(B)(2) and Why It Matters - Part 1 of 2

26 Pages Posted: 8 May 2008

Date Written: May 7, 2008

Abstract

Guideline 10.7(B)(2) of the American Bar Association's Guidelines for the Appointment and Performance of Defense Counsel in Capital Cases (2003) requires death penalty defense counsel to ensure that the official record of the case is complete, and to supplement it as needed. Part 1 of this two-part article explains the nuts and bolts of how to comply with the Guideline and is designed for use as a training packet for capital defenders. Part 2 of this article presents the sample pleadings and copies of public documents from Oregon death penalty cases as referenced in Part 1.

Keywords: death penalty, due process, ABA Guidelines, effective assistance of counsel, new trial, post-conviction relief, defense function, due diligence, heightened reliability, capital defense, appeal. 14th Amendment, 8th Amendment, 6th Amendment, court administration

JEL Classification: K14, K40, K41

Suggested Citation

Jade, Rose, How To Comply with ABA Guideline 10.7(B)(2) and Why It Matters - Part 1 of 2 (May 7, 2008). Available at SSRN: https://ssrn.com/abstract=1129349 or http://dx.doi.org/10.2139/ssrn.1129349

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