Constitutional Problems on Appeal

Question 1

No Right to Appeal

Answer 1

There is no federal constitutional right to an appeal.

Question 2

Equal Protection and Right to Counsel on Appeal

Answer 2

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.

Question 3

Retroactivity

Answer 3

If the Supreme Court announces a new rule of criminal procedure in a case on direct review, the rule must be applied to all other cases on direct review.