What is the role of defense counsel in appellate review proceedings?
"New York", United States of America
The following excerpt is from People v. Arjune, 30 N.Y.3d 347, 67 N.Y.S.3d 526, 89 N.E.3d 1207 (N.Y. 2017):
"There is no substitute for the single-minded advocacy of appellate counsel" ( People v. Emmett, 25 N.Y.2d 354, 356, 306 N.Y.S.2d 433, 254 N.E.2d 744 [1969] [holding unacceptable an appellate tribunal reviewing a case without waiting for defense counsel to "make his own appraisal of that record or to submit a brief"] ). Courts and defense counsel have different roles and relationships with defendants.
[30 N.Y.3d 371]
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is a defense lawyer's duty to investigate the defense counsel's "most important defense"? (MultiRegion, United States of America)
Does the Court's denial of a defense counsel's closing argument violate the Sixth Amendment right to assistance of counsel? (MultiRegion, United States of America)
Can ineffective assistance counsel be reviewed in a habeas corpus proceeding? (MultiRegion, United States of America)
Does a person who is in a revocation proceeding need to seek counsel in the revocation proceeding? (MultiRegion, United States of America)
In reviewing the application of a sophisticated means enhancement, what is the difference between a de novo review and a clear error review? (MultiRegion, United States of America)
What is the procedure used by appellate counsel to review a motion? (MultiRegion, United States of America)
Is a petitioner who has procedurally defaulted by not raising a claim on direct review or collateral review barred from raising it on collateral review? (MultiRegion, United States of America)
Can a deportation proceeding be reviewed in a subsequent criminal proceeding? (MultiRegion, United States of America)
What is the test for a motion seeking interlocutory review of an application by appellant in the Superior Court of Justice alleging that the appellant has been denied access to cross-examination during the hearing? (MultiRegion, United States of America)
Does a defense counsel have to give the client the benefit of counsel's professional advice on whether to plead guilty? (MultiRegion, United States of America)
