An attorney who fails to file a notice of appeal is constitutionally ineffective even where the defendant waived his right to appeal in a plea agreement, according to the 2nd U.S. Circuit Court of Appeals.

In Campusano v. United States, 04-513-pr, a three-judge panel said that a defendant makes out a claim for ineffective assistance under this scenario despite the attorney’s good faith belief that the appeal would be frivolous.