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 Circuit. The 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. Circuit law requires an attorney to file an Anders brief where a defendant has waived appeal but then goes on to file pro se notice of appeal.
March 29, 2006 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
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.
Presented by BigVoodoo
Law firms & in-house legal departments with a presence in the middle east celebrate outstanding achievement within the profession.
The premier educational and networking event for employee benefits brokers and agents.
The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania and Delaware.
Atlanta s John Marshall Law School is seeking to hire one or more full-time, visiting Legal WritingInstructors to teach Legal Research, Anal...
Shipman is seeking an associate to join our Labor & Employment practice in our Hartford, New Haven, or Stamford office. Candidates shou...
Evergreen Trading is a media investment firm headquartered in NYC. We help brands achieve their goals by leveraging their unwanted assets to...
MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS
