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Code · Idaho · Title 19 — Criminal Procedure · Chapter 27 — Execution

19-2720. Inquiry into need for new counsel.

120 words·~1 min read·/id/title-19-criminal-procedure/chapter-27-execution/19-2720·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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.
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