SCS/SB 56 - This act, prompted by the passage of the Federal Anti-Terrorism Bill earlier this year, provides for certain procedures in death penalty appeals and tracks new Supreme Court Rules on the same subject. Such procedures are necessary if Missouri is to take advantage of the expedited death penalty appeals process provided by the federal law.

REQUIREMENTS FOR RECORDING APPOINTMENT OF COUNSEL:

When a defendant challenges a death sentence pursuant to Supreme Court Rule 24.035 (guilty plea) or Rule 29.15 (trial), the court shall find whether a defendant is indigent. If the defendant is indigent, two counsels shall be appointed. If the defendant refuses counsel, the court enter an order in which it: 1) appoints counsel because defendant is indigent or unable to choose counsel in a competent manner; or 2) declines to appoint counsel after the defendant refuses counsel with an understanding of the legal consequences of doing so.

STANDARDS FOR COUNSEL OF DEATH PENALTY DEFENDANTS:

Attorneys representing defendants in death penalty appeals must meet certain training and practice requirements. If an attorney is appointed to represent an indigent defendant, the Public Defender shall reimburse counsel for litigation costs and fees.

No attorney who represented the defendant at trial shall represent the defendant on appeal.

JAMES KLAHR