Does a lawyer filing a merits brief need to raise every non-frivolous claim?
MultiRegion, United States of America
The following excerpt is from Melvin v. Clark, 1:09-cv-01950 MJS HC (E.D. Cal. 2012):
(9th Cir. 1985) (same). Moreover, in Smith, the United States Supreme Court indicated that an appellate attorney filing a merits brief need not and should not raise every non-frivolous claim. Smith v. Robbins, 528 U.S. at 288. Rather, an attorney may select from among them in order to maximize the likelihood of success on appeal. Id.
3. Analysis
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