§ 68663 Capital Case Counsel Restrictions

Government Code·California

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Key Takeaways

•If someone is on death row and needs a lawyer for their appeal, they can't have the same lawyer who worked on their trial or first appeal.
•The only way the same lawyer can work on the appeal is if both the prisoner and the lawyer agree to it.
•This rule is to make sure the prisoner gets a fresh look at their case.

Example

A person is sentenced to death for a crime. Their trial lawyer wants to help with the appeal.

The court won't let the same lawyer work on the appeal unless both the prisoner and the lawyer say they want to keep working together.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source

View on CA.gov

§ 68663 Capital Case Counsel Restrictions

No counsel appointed to represent a state prisoner under capital sentence in state postconviction proceedings shall have previously represented the prisoner at trial or on direct appeal in the case for which the appointment is made, unless the prisoner and counsel expressly requests continued representation. (Added by renumbering Section 68653 (as added by Stats. 1997, Ch. 869, Sec. 3) by Stats. 1998, Ch. 485, Sec. 98. Effective January 1, 1999.)

Last verified: January 22, 2026

Key Terms

sentence conviction penalty trial appeal death appointment representation

References

Official text at leginfo.legislature.ca.gov
California Legislature. Government Code. Section 68663.

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Key Takeaways

Example

Key Terms

Related Statutes

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