NOTICE TO THE BAR
The Court of Appeals amended the Rules of the Court of Appeals in Capital Cases concerning Initial Capital Appeal Management Orders (Rule 510.8[a]) and the uniform Capital Case Data Report (Rule 510.18[b]). A copy of the Court’s order below.
The Court of Appeals also amended Rule 218.7(b) of the Uniform Rules for the Trial Courts in Capital Cases to reflect the change in Rule 510.18(b). A copy of the Court’s order is below.
Stuart M. Cohen
Clerk of the Court
April 10, 2000
In the Matter
of
The Amendment of the Rules of the Court of Appeals
in Capital Cases
Pursuant to section 51 of the Judiciary Law, it is hereby
ORDERED, that the Rules of the Court of Appeals in Capital Cases (22 NYCRR Part 510) are hereby amended by deleting the bracketed material and adding the underlined material, effective April 19, 2000, or as soon thereafter as section 52 of the Judiciary Law is complied with:
§ 510.8 Capital Appeal Management Orders; Issue Identification by the Parties
The following procedures shall apply in all capital appeals except those appeals taken pursuant to CPL 460.40(3) from an order of a superior court granting or denying a motion for a stay of execution.
(a) After receipt from the superior court of the Case History required by section 510.6 of this Part, the Court of Appeals shall enter and forward to counsel for the parties an Initial Capital Appeal Management Order or Orders (1) determining defendant’s request, if any, for items of poor person relief, (2) establishing final dates for transcription and settlement, if necessary, and (3) establishing a deadline for filing the settled record on appeal in this court.
§ 510.18 Capital Case Data Reports
(b) All Capital Case Data Reports received by the Court of Appeals shall be compiled into a uniform Capital Case Data Report, which may consist of a computer data base containing the information in each Capital Case Data Report. Upon request, the uniform Capital Case Data Report shall be made available to the parties on appeal to the Court of Appeals in cases where a sentence of death has been imposed. [, and otherwise may be available upon order of the Court of Appeals to the extent and in a form and manner prescribed, and for such fee as fixed, by the Court of Appeals.]
In the Matter
of
The Amendment of the Uniform Rules for the Trial Courts
in Capital Cases
Pursuant to section 211-a of the Judiciary Law, it is hereby
ORDERED, that the Uniform Rules for the Trial Courts in Capital Cases (22 NYCRR Part 218) are hereby amended by deleting the bracketed material and adding the underlined material, effective April 26, 2000, or as soon thereafter as section 52 of the Judiciary Law is complied with:
§ 218.7 Capital Case Data Reports
(b) All Capital Case Data Reports received by the Court of Appeals shall be compiled into a uniform Capital Case Data Report, which may consist of a computer data base containing the information in each Capital Case Data Report. Upon request, the uniform Capital Case Data Report shall be made available to the parties on appeal to the Court of Appeals in cases where a sentence of death has been imposed. [, and otherwise may be available upon order of the Court of Appeals to the extent and in a form and manner prescribed, and for such fee as fixed, by the Court of Appeals.]