Information Gathering

Once an inmate has returned the follow up questionnaire, defense counsel should evaluate it. If the case still appears to be viable, then more documents should be requested to further evaluate the case. The items to be requested are case dependent, but will generally include the following:

• Trial transcripts (especially the closing arguments and any testimony regarding scientific evidence).
• Laboratory reports.
• Police reports.
• Appellate briefs (especially the prosecution's brief).
• Postconviction briefs.
• Evidence collection lists (may also be known as logs, inventories, or collection sheets).

Defense counsel should do whatever it takes to help the inmates find the material by calling either the former attorneys, the courts, investigators, or a friend or family member who may be able to help the inmate.

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Go to the Next Section: Assessing the Viability of the Claim

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