The Organization And Government Of Courts — California Government Code — California Habeas Corpus Resource Center — Appointment of counsel for prisoners subject to capital sentence for postconviction proceedings

  • Date:

Current through the 2016 Legislative Session

The Supreme Court shall offer to appoint counsel to represent all state prisoners subject to a capital sentence for purposes of state postconviction proceedings, and shall enter an order containing one of the following:

(a) The appointment of one or more counsel to represent the prisoner in postconviction state proceedings upon a finding that the person is indigent and has accepted the offer to appoint counsel or is unable to competently decide whether to accept or reject that offer.
(b) A finding, after a hearing if necessary, that the prisoner rejected the offer to appoint counsel and made that decision with full understanding of the legal consequences of the decision.
(c) The denial to appoint counsel upon a finding that the person is not indigent.
Ca. Gov. Code § 68662
SECTIONS