Trial Proceedings

Unified Appeal
Trial Proceedings

A. Guilt-Innocence Phase

  1. Before commencement of trial

    Immediately before trial, the court shall confer with the prosecuting attorney and defense counsel. The defendant shall be present during the conference. The conference shall be recorded and transcribed.

    The following matters shall be concluded during the conference:

    1. All pending motions shall be heard.
    2. The court shall determine whether there are any last-minute motions the defense wishes to present and give the prosecuting attorney and defense counsel an opportunity to present any stipulations to which they have agreed.
    3. The court shall ascertain whether counsel for both sides have reviewed Part II (A) through (H) of the checklist and are prepared to raise any possible trial issues in a timely manner.
    4. The court shall give the defendant an opportunity to state any objections he or she may have to defense counsel or to the manner in which defense counsel have conducted or are conducting the defense.

     

  2. After close of the evidence

    After close of the evidence, but before closing arguments, the court shall confer with the prosecuting attorney and defense counsel. The defendant shall be present during the conference. The conference shall be recorded and transcribed.

    The following matters shall be concluded during the conference after close of the evidence:

    1. Written requests to charge shall be presented to the court for rulings.
    2. The court shall make a final ruling on any issues as to which a tentative ruling or no ruling was made during presentation of the evidence.
    3. The court shall hear any timely and otherwise- proper motions or objections the defense wishes to present. Defense counsel shall be given an opportunity to perfect the record by making a tender of proof as to any evidence that was excluded by the court.
    4. The court shall ascertain whether the parties have reviewed Part II (I) through (Q) of the checklist and are prepared to raise these issues in a timely manner. Defense counsel shall be advised that objections to the state's closing argument will be waived if not raised as soon as grounds for such objection arise, unless explicit permission is granted to reserve objection until the conclusion of argument.
    5. The court shall give the defendant an opportunity to state any objections he or she may have to defense counsel, or to the manner in which defense counsel have conducted or are conducting the defense.

     

  3. After charge of the court

    After charge of the court, the court shall confer with the prosecuting attorney and defense counsel. The defendant shall be present during the conference. The conference shall be recorded and transcribed.

    The following matters shall be concluded during the conference after charge of the court:

    1. Any issue as to arguments of counsel or as to the charge of the court shall be presented and decided.
    2. The court shall hear any timely and otherwise proper motions or objections the defense wishes to present.
    3. The court shall give the defendant an opportunity to state any objections he or she may have to defense counsel, or to the manner in which defense counsel have conducted or are conducting the defense.

B. Sentencing Phase

  1. Before commencement of sentencing phase

    Immediately before the commencement of the sentencing phase of the trial, the court shall confer with the prosecuting attorney and defense counsel. The defendant shall be present during the conference. The conference shall be recorded and transcribed.

    The following matters shall be taken up during the conference:

    1. All pending motions shall be heard.
    2. The court shall review Part III of the checklist with defense counsel and the prosecuting attorney. Defense counsel shall be given the opportunity to raise in limine any objections to the state's anticipated evidence in aggravation. However, failure to object in limine shall not amount to a waiver of otherwise- timely objections to the introduction of evidence. The court shall give the prosecuting attorney and defense counsel an opportunity to present any stipulations to which they have agreed.
    3. In the event of a retrial as to sentence, the court shall also review Part VI of the checklist with defense counsel and the prosecuting attorney.

     

  2. After close of the evidence

    After the close of the evidence, but before closing arguments, the court shall confer with the prosecuting attorney and defense counsel. The defendant shall be present during the conference. The conference shall be recorded and transcribed.

    The following matters shall be concluded during the conference:

    1. Written requests to charge shall be presented to the court for rulings.
    2. The court shall make a final ruling on any issues raised during the sentencing phase of the trial as to which a tentative ruling or no ruling was made during the presentation of the evidence.
    3. The court shall again review Part III of the checklist with defense counsel and the prosecuting attorney and shall hear any timely and otherwise- proper motions or objections the defense wishes to present. Defense counsel shall be given an opportunity to perfect the record by making a tender of proof as to any evidence that was excluded by the court. If the court determines that a mistake was made in the exclusion of potentially-mitigating evidence, the court shall reopen the evidence and allow its presentation to the jury.
    4. Defense counsel shall be advised that objections to the state's sentencing phase closing argument will be waived if not raised as soon as grounds for such objection arise, unless explicit permission is granted to reserve objection until the conclusion of argument.
    5. The court shall give the defendant an opportunity to state any objections he or she may have to defense counsel or to the manner in which defense counsel have conducted or are conducting the defense.

     

  3. After charge of the court

    After charge of the court at the sentencing phase of the trial, the court shall confer with the prosecuting attorney and defense counsel. The defendant shall be present during the conference. The conference shall be recorded and transcribed.

    The following matters shall be concluded during the conference after the charge of the court:

    1. The court shall review Part III (C) and (D) with the prosecuting attorney and defense counsel. Any issue as to arguments of counsel or as to the charge of the court shall be presented and decided. Defense counsel shall be advised that any such issue not timely raised shall be waived. Reservations of objections to the sentencing-phase charge will not be permitted.
    2. The court shall also review Part III (E) of the checklist with the prosecuting attorney and defense counsel. Defense counsel shall be advised that objections to the form of the verdict must be raised when the verdict is returned. The court shall note that a poll of the jurors is required.
    3. The court shall give the defendant an opportunity to state any objections he or she may have to defense counsel or to the manner in which defense counsel have conducted or are conducting the defense