Appeals Flashcards
1
Q
Is there a federal constitutional right to appeal?
A
no
2
Q
When do conditions on post-conviction review violate equal protection?
A
where they make review less accessible to the poor than to the rich (first appeal requires state provided counsel for indigent appellants and for appeals of guilty/nolo contenders pleas). second tier appeal does not require state appted counsel
3
Q
What happens when SCOTUS announces a new rule of criminal procedure in a case on direct review?
A
it must be applied to all other cases on direct review
4
Q
Does an indigent convict have a right to appointed counsel at a habeas corpus proceeding?
A
no
5
Q
Who has the burden of proof in habeas corpus and what is it?
A
Petitioner/preponderance of the evidence that detention
