Appeals and Collateral Attacks

Question 1

Appeal - Constitution

Answer 1

• there is no federal constitutional right to appeal

Question 2

Retroactivity for Direct Review

Answer 2

• if SCOTUS announces new rule of crim pro in a case on direct review, that rule must be applied to all other cases on direct review

Question 3

Direct Appeal - Equal Protection and Right to Counsel

Answer 3

• if a state provides for appeal, conditions that make review less accessible to indigent defs violate equal protection -> indigent defs get counsel during first appeal as of right + also for appeals of guilty pleas + pleas nolo contendere
• if the jurisdiction uses two-tier system w/ discretionary review by highest court, indigent def need not be provided counsel during second, discretionary appeal

Question 4

Habeas Corpus Proceedings - Counsel

Answer 4

• indigent defs have no right to appointed counsel during habeas

Question 5

Habeas Corpus - Custody

Answer 5

• generally need to be serving out your sentence + in custody to file habeas petition (can’t do it if you’ve already served your sentence b/c you’re no longer in custody)

Question 6

Habeas Corpus - Burden of Proof

Answer 6

• on petitioner
• need to establish unlawful detention by preponderance of the evidence