15. Appeals

Question 1

Is there a federally constitutional right to an appeal?

Answer 1

No

- Most Supreme Court opinions suggest appeals should almost be abolished

Question 2

Who should be entitled to right to counsel on appeal?

Answer 2

Indigents

• Otherwise conditions making appeals less accessible to poor than rich violates Equal Protection
• UNLESS frivolous appeal => Appellate Court can withdraw appeal right (but must ensure right to counsel is not denied)

Question 3

Should indigents be given counsel during appeals?

Answer 3

First appeal

• As matter of right/guilty pleas/pleas of nolo contendre
• At state expense

Second appeal
- State does NOT use 2-tier system of appellate courts where highest court has discretionary review