Constitutional Problems on Appeal

Question 1

Is there a right to appeal?

Answer 1

There is no federal constitutional right to an appeal.

Question 2

Is there equal protection and right to counsel on appeal?

Answer 2

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 3

What is retroactivity?

Answer 3

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.