Kan. Admin. Regs. § 105-3-9

Current through Register Vol. 43, No. 46, November 14, 2024

Section 105-3-9 - Duties of trial counsel following sentencing

(a) In order to protect a convicted defendant's right to appeal, it shall be the duty of each trial counsel to prepare, file, or both, the following documents:

(1) file a motion for modification of sentence pursuant to K.S.A. 21-4603(2), when appropriate;

(2) file a motion for release on appeal bond pursuant to K.S.A. 22-2804, when appropriate;

(3) file a notice of appeal in a timely manner, unless a waiver of the right to appeal has been signed by the defendant;

(4) upon filing the notice of appeal, obtain a court order for the trial transcript, and a transcript of any pretrial or posttrial proceedings from which a claim of error may arise;

(5) upon filing the notice of appeal, obtain an order from the district court appointing the state appellate defender as counsel for the appeal and file the order of appointment with the clerk of the district court within five days of the filing of the notice of appeal;

(6) submit a draft of the docketing statement and all documents necessary to docket the appeal required by supreme court rule 2.041 to the appellate defender within 10 days of the filing of the notice of appeal; and

(7) submit a listing of all hearings in which a record was taken to the appellate defender, including dates, within 10 days of the filing of the notice of appeal.

(b) Requests for compensation for services set forth in subsection (a) shall be included in the claim filed with the board.

Kan. Admin. Regs. § 105-3-9

Authorized by and implementing K.S.A. 22-4507, as amended by L. 1998, ch. 52, sec. 5, and K.S.A. 1997 Supp. 22-4522; effective, T-86-33, Oct. 23, 1985; effective May 1, 1986; amended May 1, 1987; amended Jan. 11, 1993; amended Aug. 20, 1999.