Teri_Kanefield, (edited )
@Teri_Kanefield@mastodon.social avatar

Appeals are always on everyone's mind during a criminal trial.

If evidence shouldn't have been admitted, (and the defense objects) the defendant will have a strong appeal.

In California, all defendants have a right to appeal from adverse rulings in criminal, dependency, and involuntary commitment cases.

So everyone in criminal court knows that later, an appellate lawyer would scrutinize the record.

I know something about this. My job was handling appeals for indigents.

Bam,
@Bam@sfba.social avatar

@Teri_Kanefield @BruceBanner

Appeals should always be…

Let’s by honest. 😏

Teri_Kanefield, (edited )
@Teri_Kanefield@mastodon.social avatar

@Bam @BruceBanner

Correcting: In California defendants have a right to appointed counsel on appeal.

Are you in California? Appeals for indigents are handled by 6 nonprofit law firms, etc.

Bam,
@Bam@sfba.social avatar

@Teri_Kanefield @BruceBanner

Of course. As you know, the right to direct appeal is constitutionally required and the right to counsel extends to the direct appeal.

I’m subtly suggesting that not every criminal trial lawyer actually has their eye on the direct appeal though, even though they should.

Teri_Kanefield,
@Teri_Kanefield@mastodon.social avatar

@Bam @BruceBanner

Fair enough. But I will duke it out with anyone who implies that indigents in California do not get top-notch representation at the trial level and at the appellate level 😂 The California criminal appellate bar is well organized. We even have our own lobbyist in Sacramento (although I am no longer active).

Bam,
@Bam@sfba.social avatar

@Teri_Kanefield @BruceBanner

Definitely not the direction of my comment. I think you probably know from reviewing records and finding deficiently preserved or entirely unreserved issues exactly why I said what I said. 😉

Teri_Kanefield, (edited )
@Teri_Kanefield@mastodon.social avatar

@Bam @BruceBanner

I was mostly annoyed with the judges, though, and not the trial lawyers.

For some reason the judges tended not to like my clients. Go figure.

adding: Okaaay. I came back to admit to at least one instance when I considered ineffective assistance counsel.

Teri_Kanefield,
@Teri_Kanefield@mastodon.social avatar

@Bam @BruceBanner

Another correction: By right to appeal, I meant that in California, all indigents are appointed counsel on appeal. I don't know if that happens everywhere.

I understand that not all states fund public defenders the way California does. What I saw of public defenders in California was generally very high quality.

Bam,
@Bam@sfba.social avatar

@Teri_Kanefield @BruceBanner

My state has PDs for direct appeal.

mikej,
@mikej@mastodon.online avatar

@Teri_Kanefield Appeals for people who would never pay you? Don't tell trump, he'll ask for you.

Teri_Kanefield,
@Teri_Kanefield@mastodon.social avatar

@mikej

HAHA He just has to show he is indigent. I don't know about New York, but indigents get good representation on appeal in California.

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