Articles Posted by akerr

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Supreme

The Unappealing Turn of Events – Part II: Supreme Court holds defense lawyer’s refusal to file requested appeal constitutes ineffective assistance, despite defendant’s appeal waiver

by in Attorney Client Relationship, Featured, ineffective assistance of counsel, Rules of Professional Conduct. Posted March 8, 2019
Update: The matter of Garza v. Idaho first appeared on this blog on January 7, 2019. On October 30, 2018, The United States Supreme Court heard arguments to decide whether a criminal defendant’s counsel is presumptively ineffective if counsel declines to file an appeal of a conviction because the defendant already waived the right to appeal in his plea.
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Defendant

An Unappealing Turn of Events–Defendant Alleges Ineffective Assistance of Counsel Despite Waiver of Appeal

by in Attorney Client Relationship, Conflict of Interest, ineffective assistance of counsel, Rules of Professional Conduct. Posted January 7, 2019
On October 30, 2018, The United States Supreme Court heard arguments in the case of Garza v. Idaho to decide whether a criminal defendant’s counsel is presumptively ineffective if counsel declines to file an appeal of a conviction because the defendant already waived the right to appeal in his plea.
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