1989 Guideline 11.8.2

GUIDELINE 11.8.2 – DUTIES OF COUNSEL REGARDING SENTENCING OPTIONS. CONSEQUENCES AND PROCEDURES

A. Counsel should be familiar with the procedures for capital sentencing in the given jurisdiction, with the prosecutor’s practice in preparing for and presenting the prosecution's case at the sentencing phase, and with the caselaw and rules regarding what information may be presented to the sentencing entity or entities, and how that information may be presented. Counsel should insist that the prosecutor adhere to the applicable evidentiary rules unless a valid strategic reason exists for counsel not to insist.

B. If the client has chosen not to proceed to trial and a plea of guilty or its equivalent has been negotiated and entered by counsel in accordance with Guidelines 11.6.1 through 11.6.4, counsel should seek to ensure compliance with all portions of the plea agreement beneficial to the client.

C. Counsel should seek to ensure that the client is not harmed by improper, inaccurate or misleading information being considered by the sentencing entity or entities in determining the sentence to be imposed.

D. Counsel should ensure that all reasonably available mitigating and favorable information consistent with the defense sentencing theory is presented to the sentencing entity or entities in the most effective possible way.

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