_- CrimP 11 - Appeal

Question 1

Problems of appeal

Answer 1

NO Federal constittuioanl right to appeal.

Question 2

NO RIGHT TO APPEAL

Answer 2

There is no federal constitutional right to an appeal.

Question 3

EQUAL PROTECTION AND RIGHT TO COUNSEL ON APPEAL

Answer 3

If an avenue of post-conviction review is provided, conditions that make the review less accessible to the poor than to the rich violate equal protection.
Thus, indigents must be given counsel at state expense during a first appeal granted to all as a matter of right and for appeals of guilty pleas and pleas of nolo contendere.
In a jurisdiction using a two-tier system of appellate courts with discretionary review by the highest court, an indigent defendant need not be provided with counsel during the second, discretionary appeal.

Question 4

RETROACTIVITY

Answer 4

If the Supreme Court announces a new rule of criminal procedure (for example, one not dictated by precedent) in a case on direct review, the rule must be applied to all other cases on direct review.