Consultation With Defense Counsel

These recommendations assume the inmate is represented by counsel. In most instances, it is advisable to suggest that the requester get counsel. If the requester does not get counsel, it is advisable to make all communications in writing, including your suggestion that the requester should retain counsel. Throughout the entire process of reviewing a request for postconviction DNA testing, and during the testing process, actively consult with defense counsel if one has been retained for the inmate. Prosecutors should receive a notification letter early in the process from defense counsel if one has been retained. Defense counsel may be the first to learn a request is frivolous or has been withdrawn. If the prosecution unilaterally decides to order testing, the prosecution should give defense counsel or an unrepresented inmate advance written notice of the decision.

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