18. Appeal and Collateral Attack Flashcards
1
Q
is there a federal constitutional right to an appeal?
A
no (only discretionary whether you can appeal)
2
Q
must indigent defendants be given counsel during a first appeal granted as of right?
A
yes but NOT with subsequent discretionary appeals
3
Q
what happens if SCOTUS announces a new rule in a case on direct review?
A
the rule must be applied to all other cases on direct review
4
Q
does a petitioner have a right to counsel during a habeas proceeding?
A
no
5
Q
what is the burden of proof for habeas petitioners?
A
preponderance of the evidence to show an unlawful detention
