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NCJ Number: 30638 Find in a Library
Title: EFFECTIVE CRIMINAL APPELLATE ADVOCACY - SEEKING REVERSAL BY CONCURRENT COLLATERAL AND DIRECT ATTACKS IN THE APPELLATE COURT
Journal: HASTINGS LAW JOURNAL  Volume:27  Issue:2  Dated:(NOVEMBER 1975)  Pages:333-367
Author(s): G Z MARER
Corporate Author: University of California
Hastings College of Law
United States of America
Date Published: 1975
Page Count: 35
Sponsoring Agency: University of California
San Francisco, CA 94102
Format: Article
Language: English
Country: United States of America
Annotation: THIS ARTICLE DISCUSSES THE DUTIES OF AN ATTORNEY IN A CRIMINAL APPEAL AND SUGGESTS METHODS APPLICABLE TO SITUATIONS IN WHICH ARGUABLE GROUNDS FOR REVERSAL ARE FOUND OUTSIDE THE RECORD ON APPEAL.
Abstract: THE DEVELOPMENT OF THE CONSTITUTIONAL STANDARDS OF ADEQUATE APPELLATE REPRESENTATION ARE DESCRIBED, WITH EMPHASIS ON THE RECENT CASES INDICATING THE NEED FOR REQUIRING, IN APPROPRIATE CASES, AN INVESTIGATION BEYOND THE RECORD ON APPEAL. THE AUTHOR STATES THAT IN ORDER TO DISCHARGE THE CONSTITUTIONAL DUTY TO PROVIDE ADEQUATE REPRESENTATION, APPELLATE COUNSEL MUST URGE ALL ARGUABLE GROUNDS FOR ATTACKING A CONVICTION. THE PRIMARY AVENUE OF ATTACK IS NORMALLY THE APPEAL, WHICH IS LIMITED TO ARGUABLE ISSUES CONTAINED IN THE RECORD ON APPEAL. NONETHELESS, IF THE APPELLANT IS TO RECEIVE THE 'COMPREHENSIVE APPELLATE REVIEW' TO WHICH HE IS ENTITLED, THE AUTHOR STATES THAT THERE SHOULD BE NEITHER RESTRICTIONS LIMITING COUNSEL'S SEARCH FOR GROUNDS FOR REVERSAL SOLELY TO THE RECORD ON APPEAL, NOR RESTRAINTS ON HIS METHODS OF SEEKING SUCH REVERSAL. RATHER, COUNSEL SHOULD BE REQUIRED TO MAKE A REASONABLE INVESTIGATION OF THE ENTIRE CASE TO DETERMINE IF THERE ARE ARGUABLE GROUNDS FOR REVERSAL OUTSIDE THE RECORD ON APPEAL. AT A MINIMUM, THIS DUTY SHOULD REQUIRE COUNSEL TO CONFER WITH APPELLANT AND TRIAL COUNSEL. SHOULD THIS INQUIRY RAISE DOUBTS AS TO THE SUFFICIENCY OF THE RECORD ON APPEAL, A DUTY SHOULD ARISE TO INVESTIGATE FURTHER, AND, WHEN APPROPRIATE, TO INITIATE CONCURRENT COLLATERAL ATTACK IN THE APPELLATE COURT IN WHICH THE APPEAL IS PENDING. THE AUTHOR CONCLUDES THAT SUCH A COMBINED APPEAL-WRIT PROCEDURE PROVIDES APPELLANT WITH A PROMPT AND COMPREHENSIVE ATTACK ON THE CONVICTION. IT ALSO CONSERVES SCARCE JUDICIAL RESOURCES BY BRINGING BEFORE ONE APPELLATE COURT AT AN EARLY STAGE ALL THE POTENTIAL GROUNDS FOR REVERSAL IN ONE PROCEEDING. (AUTHOR ABSTRACT MODIFIED)
Index Term(s): Appeal procedures; Appellate courts; Court records; Defense counsel effectiveness; Defense preparation; Judicial decisions; Judicial review
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=30638

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