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January 31, 2019

1989 Guideline 11.9.5

GUIDELINE 11.9.5 – DUTIES COMMON TO ALL POST JUDGMENT COUNSEL

A. Counsel representing a capital client at any point after imposition of the death sentence should he familiar with the procedures by which execution dates are set and how notification of that date is made. Counsel should also be familiar with the procedures for seeking a stay of execution from all courts in which the case may be lodged when an execution date is set.

B. Counsel should take immediate steps to seek a stay of execution, and to appeal from any denial of a stay, in any and all available courts when an execution date is set.

C. Counsel should continually monitor the client’s mental, physical and emotional condition to determine whether any deterioration in the client's condition warrants legal action.