CONSTITUTIONAL PROBLEMS ON APPEAL

Question 1

NO RIGHT TO APPEAL

Answer 1

No fed con right to appeal.

Question 2

EQUAL PROTECTION AND RIGHT TO COUNSEL ON APPEAL

Answer 2

• If post-conviction review is provided, conditions that make review less accessible to poor than to rich violate equal protection.
• Indigents: state must pay for counsel during a first appeal & for appeals of guilty pleas & pleas of nolo contendere.
• In a jurisdiction using a 2-tier system of appellate cts w/ discretionary review by highest ct, an indigent D need not be provided w/ counsel during second, discretionary appeal.

Question 3

RETROACTIVITY

Answer 3

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