IN THE FIFTIETH JUDICIAL DISTRICT, PARISH OF PEINE DE MORT
STATE OF LOUISIANA
No. _____

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STATE OF LOUISIANA, Plaintiff
v.
JOHN CLIENT, Defendant

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EX PARTE
MOTION FOR APPOINTMENT OF TWO COUNSEL

COMES NOW, JOHN CLIENT, by counsel, and moves this Court pursuant to the Fourth, Fifth, Sixth, Eighth and Fourteenth Amendments to the United States Constitution, and Article 1, Sections 2, 3, 5, 13, 14, 16 & 17 of the Louisiana Constitution to appoint two counsel (E. DANIEL BARRY and CLYDE CHURCHILL) to his case.
In support of his motion, Mr. CLIENT states as follows:

Since this is to be a capital prosecution, exacting standards must be met to assure that it is fair. As the Louisiana Supreme Court has held, "[d]eath, in its finality, differs more from life imprisonment than a 100-year prison term differs from one of only a year or two. Because of that qualitative difference, there is a corresponding difference in the need for reliability in the jury's determination that death is the appropriate punishment in a specific case." State v. Myles, 389 So. 2d 12, 30 (La. 1980) (citing cases); see also Johnson v. Mississippi, 486 U.S. 578, 584, 108 S. Ct. 1981, 100 L. Ed. 2d 575 (1988) ("[t]he fundamental respect for humanity underlying the Eighth Amendment's prohibition against cruel and unusual punishment gives rise to a special '"need for reliability in the determination that death is the appropriate punishment"' in any capital case") (quoting, Gardner v. Florida, 430 U.S. 349, 363-64, 97 S. Ct. 1197, 51 L. Ed. 2d 393 (1977) (quoting, Woodson v. North Carolina, 428 U.S. 280, 305, 96 S. Ct. 2978, 49 L. Ed. 2d 944 (1976) (White, J., concurring))).
THE NEED FOR TWO COUNSEL
The Supreme Court has stressed that "certainly a defendant who faces death deserves vigorous advocacy of his cause." State v. Myles, 389 So. 2d 12, 29 (La. 1980). The Court has also indicated that two counsel should be appointed to every capital case. In State v. Williams, 480 So. 2d 721 (La. 1985), the Supreme Court recommended in capital cases that the trial judge "appoint[] two defense attorneys (as many trial judges now do) and . . . allocat[e] specifically to one the principal responsibility for preparing evidence and argument for the penalty phase." Id. at 728 n.14 (emphasis in original).
THE NEED FOR APPOINTMENT OF EXPERIENCED COUNSEL
1. Lead counsel must -- as is the case with both counsel below -- have at least five years' experience at the bar. Indeed, at any stage of a capital case, trial or appeal, the lead "attorney should have at least five years experience at the bar." State v. Williams, 480 So. 2d 721, 728 n.15 (La. 1985). Indeed, it is provided by the Code that:
When a defendant charged with a capital offense appears for arraignment without counsel, the court shall provide counsel for his defense in accordance with the provisions of R.S. 15:145. Such counsel must be assigned before the defendant pleads to the indictment, but may be assigned earlier. Counsel assigned in a capital case must have been admitted to the bar for at least five years. An attorney with less experience may be assigned as assistant counsel.

La. Code Cr. Pro. Art. 512.
2. It must be said that it was not easy to establish a relationship of trust with Mr. CLIENT. He had previously seen his rights ignored or waived by a number of lawyers. For example, the first counsel who ever represented Mr. Client in a case had a clear conflict of interest with the co-defendant, Mr. ASSOCIATE. Next, Mr. CLIENT received the assistance of another lawyer who did nothing on his case for months and months. Finally, Ms. BARRY agreed to help out, and associated Mr. CHURCHILL. If the Court requests, counsel will detail more at an ex-parte hearing.
In short, this Court must appoint two counsel, and indisputably has the power--and duty--to order appointment of undersigned counsel to represent Mr. CLIENT.

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