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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

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

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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