ETHICAL CONSIDERATIONS IN REPRESENTATION

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Presentation transcript:

ETHICAL CONSIDERATIONS IN REPRESENTATION JUVENILE APPEALS ETHICAL CONSIDERATIONS IN REPRESENTATION

ADVISING THE CLIENT RIGHT TO APPEAL APPELLATE PROCESS ANDERS PROCEDURES WITHDRAWING AS COUNSEL

RIGHT TO APPEAL JUVENILES HAVE STATUTORY RIGHT OF APPEAL RIGHT TO APPOINTED COUNSEL ON APPEAL STATE HAS LIMITED RIGHT IN DETERMINATE CASES

APPELLATE PROCESS APPEALS ARE DIFFERENT THAN TRIALS TEMPER CLIENT’S EXPECTATIONS

THE DECISION TO APPEAL CONSULT WITH CLIENT REVIEW RECORD DUTIES OF TRIAL ATTORNEY

JUDGMENT SIGNED MOTION FOR NEW TRIAL – 30 DAYS FINDINGS OF FACT & CONCLUSIONS OF LAW – 20 DAYS NOTICE OF APPEAL – 30 DAYS UNLESS POST-JGMT. MTN. THEN 90 DAYS CERTIFICATION – 20 DAYS FILE WITH DISTRICT CLERK

INDIGENT CLIENT PREPARE & FILE AFFIDAVIT – TRAP 20.1 PREPARE AN ORDER FINDING INDIGENCE BE SURE THE ORDER IS INCLUDED IN RECORD

APPELLATE RECORD ITEMS TO INCLUDE IN CLERK’S RECORD TESTIMONY TO INCLUDED IN REPORTER’S RECORD FILE REQUESTS WITH CLERK & REPORTER & SUPPLEMENT IF NOT COMPLETE

THE BRIEF DUE 30 DAYS AFTER RECORD FILED EXCEPT CERTIFICATION – 20 DAYS REQUEST EXTENSION IF NEEDED MUST BE FILED ELECTRONICALLY CONTENTS TRAP 38 & FORM TRAP 9 USE INITIALS NOT NAME ORAL ARGUMENT

FORMATING - TRAP 9.4 LENGTH: TYPEFACE: 14 – POINT EXCEPT FOOTNOTES 12 DOUBLE SPACED ORIGINAL BRIEFS 15,000 WORDS CERTIFICATE OF COMPLIANCE

COURT OF APPEALS DECISION MOTION FOR REHEARING MOTION RECONSIDERATION EN BANC PURPOSE – correct errors of fact or law EXTEND TIME TO FILE PETITION FOR REVIEW

SUPREME COURT PETITION FOR REVIEW – W/I 45 DAYS OF COA JUDGMENT OR RULING ON LAST MOTION MUST STATE WHY SHOULD GRANT TRAP 56.1 INCLUDE REDACTED ORDER FINDING PETITIONER INDIGENT & APPOINTING COUNSEL

2015 CHANGE CERTIFICATION ORDERS CAN NOW BE APPEALED AND THESE APPEALS ARE ACCELERATED!