Constitutional Problems on Appeal, Punishment

Question 1

What are const guarantees wrt apeal of conviction?

Answer 1

• no federal const. right to appeal of conviction
• EPC protections: cannot make appeal more accessible to rich than poor (so indigents must be given counsel at state expense during first appeal, appeals re guilty pleas and please of NC)
• retroactivity: if SC announces new rule of crim pro during case, then must be applied to all cases currently on direct review

Question 2

What is a collateral attack of conviction?

Answer 2

After appeal unavailable, may challenge conviction in other ways - e.g. habeas.

Question 3

Does party have right to counsel in habeas proceeding?

Answer 3

No (including no indigent right to provided counsel)

Question 4

When does the right to counsel apply for parole and probation hearings?

Answer 4

If probation is revoked AND involves the imposition of a new sentence, then D is entitled to counsel in proceedings in which they would be otherwise.

In cases of parole revocation OR probation revocation w/ old sentence going into effect, then ONLY entitled to counsel if representation is necessary to a fair hearing . (think difficult to present/develop w/o atty)