Assistance in Obtaining Funding on Indigent Cases
What happens if you have an indigent client and need assistance in obtaining funding for investigations or mitigation work?
Start by using the right case law to support motions for funding:
Wiggins vs. Smith – “Investigations into mitigating evidence should comprise efforts to discover all reasonable available mitigating evidence and evidence to rebut any aggravating evidence that may be introduced by the prosecutor.” Justice Sandra D. O’Connor, Wiggins v. Smith (2003) Link to full decision
State of Arizona vs. Bocharski – “Finding an abuse of discretion for limiting the mitigation expert to twenty-five hours of investigation” The Arizona Supreme Court reversed the death penalty and remanded for resentencing. State of Arizona v. Bocharski (2008) Link to full decision
Capital Defense Weekly offers a number of cases that are helpful in obtaining funding for mitigation in capital cases. Link to article
There are many non-profits that offer help in preparing motions for funding, including the NLADA link on our home page. It is important to emphasize that it is far less expensive to do it right the first time, than to have an appellate court order a re-trial on a capital case.