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ETHICAL CONSIDERATIONS IN REPRESENTATION

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Presentation on theme: "ETHICAL CONSIDERATIONS IN REPRESENTATION"— Presentation transcript:

1 ETHICAL CONSIDERATIONS IN REPRESENTATION
JUVENILE APPEALS ETHICAL CONSIDERATIONS IN REPRESENTATION

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

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

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

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

6 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

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

8 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

9 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

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

11 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

12 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

13 2015 CHANGE CERTIFICATION ORDERS CAN NOW BE APPEALED AND THESE APPEALS ARE ACCELERATED!


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