What is the legal duty of trial counsel representing an indigent defendant in a criminal case?

California, United States of America


The following excerpt is from People v. Belknap, A155022 (Cal. App. 2019):

2. Section 1240.1, subdivision (b) provides: "It shall be the duty of every attorney representing an indigent defendant in any criminal, juvenile court, or civil commitment case to execute and file on his or her client's behalf a timely notice of appeal when the attorney is of the opinion that arguably meritorious grounds exist for a reversal or modification of the judgment or orders to be appealed from, and where, in the attorney's judgment, it is in the defendant's interest to pursue any relief that may be available to him or her on appeal; or when directed to do so by a defendant having a right to appeal." (See also Roe v. Flores-Ortega (2000) 528 U.S. 470, 477 [Trial counsel has a professional duty to ensure appellant's notice of appeal is timely filed.].)

3. The People's request for judicial notice of this court's docket is denied as unnecessary.

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