Title
Title
Criminal and Appellate Procedure: Record Preparation in Death Penalty Cases (Action Required)
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Summary
Summary
To make the record preparation process in death penalty cases more efficient, the Proposition 66 Rules Working Group recommends adopting several new rules and amending several existing rules relating to the content and preparation of the record on appeal in these cases. The working group also recommends adopting six new mandatory forms designed to assist in the record preparation process. These recommended rules and forms are intended to partially fulfill the Judicial Council's rule-making obligations under Proposition 66.
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Recommendation
Recommendation
The Proposition 66 Rules Working Group recommends that the Judicial Council, effective April 25, 2019:
1. Adopt Cal. Rules of Court, rules 4.119 and 4.230, to address the responsibilities of counsel in pretrial and trial proceedings, respectively, in cases in which the death penalty may be imposed to facilitate preparation of a complete and accurate record during these proceedings by:
? Reviewing, signing, and submitting a checklist outlining their record preparation responsibilities;
? Preparing and submitting lists of appearances and motions made and exhibits and, in trial proceedings, jury instructions offered on behalf of the party they represent; and
? Complying with the requirements of rule 2.1040 relating to electronic recordings presented or offered into evidence; and
? In trial proceedings:
o Reviewing daily reporter's transcripts of the trial proceedings and bringing errors to the attention of the court, other than immaterial typographical errors that cannot conceivably cause confusion; and
o Submitting copies to the court of any audio or visual aids used in jury selection or presentations to the jury;
2. Amend rule 8.600, to delete the provisions addressing topics relating to the record on appeal in capital cases;
3. Adopt rule 8.608, to con...
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