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2004 SESSION
SB 177 Capital cases; appointment of counsel.
Introduced by: Kenneth W. Stolle | all patrons ... notes | add to my profiles | history
SUMMARY AS PASSED SENATE:
Appointed counsel in capital cases. Provides that at least two attorneys shall be appointed in a capital case (2002 legislation requires that as of July 1, 2004, an attorney from a capital defense unit of the Public Defender Commission be appointed). The bill allows the capital defense unit attorney to make a motion to the circuit court to withdraw as counsel if prior to the indictment the Commonwealth declares in writing that it will not seek the death penalty. The court is to allow the capital attorney to withdraw and to appoint a regular court-appointed attorney.
SUMMARY AS INTRODUCED:
Appointed counsel in capital cases. Provides that at least two attorneys shall be appointed in a capital case and that the capital defense unit attorney (2002 legislation requires that as of July 1, 2004, an attorney from a capital defense unit of the Public Defender Commission be appointed) shall serve as lead counsel. The bill allows the capital defense unit attorney to make a motion to the circuit court to withdraw as counsel if prior to the indictment the Commonwealth declares in writing that it will not seek the death penalty. The court is to allow the capital attorney to withdraw and to appoint a regular court-appointed attorney.