In a capital case or one in which an insanity plea has been made, in what circumstances will counsel review the record of the trial?

California, United States of America

The following excerpt is from People v. Smith, 25 Cal.Rptr.2d 122, 6 Cal.4th 684, 863 P.2d 192 (Cal. 1993):

Proceedings are suspended while counsel does so, and, in a capital case or one in which an insanity plea has been made, the jury is not discharged, but is in recess while substitute counsel reviews the record of the proceedings. Counsel may do so immediately if a reporter's transcript is available, but may have to wait until the reporter prepares the transcript. (See, e.g., People v. Westbrook (1976) 57 Cal.App.3d 260, 129 Cal.Rptr. 143.) Counsel must also look into whether former counsel prepared adequately, conducted adequate investigation to discover witnesses and other evidence, and did the myriad of things necessary to a competent defense.

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