NCJ Number
74882
Date Published
1980
Length
454 pages
Annotation
This comprehensive text presents both the theoretical strategy and clinical techniques that will assist attorneys in effectively representing clients in criminal appeals.
Abstract
The underlying theme in this text is that the criminal appeal must be an ever-present consideration to every attorney who undertakes a criminal matter. Further, knowledge of appellate techniques is deemed insufficient without an understanding of the client. Each appeal must thus be individually tailored. Initial considerations of criminal appellate practice are addressed, including the duties of counsel, the decision to appeal, bail, and preliminary procedures such as the motion for a new trial. Next, the trial record is reviewed. Steps are detailed on making and preserving the record at trial, and a description is given of the record on appeal and its review, analysis, augmentation, and correction. A discussion of writing the brief encompasses the presentation of factual statements, issue formulation, argument (form, language and style, accuracy, brevity, tactics), research and citation, and the purpose and format of the reply brief. Chapters on handling recurrent issues cover misconduct of the prosecutor, judge, or jury; denial of effective representation; and substantive and procedural errors. Detailed suggestions are offered to help attorneys identify and use these appealable issues. In addition, the section on specialized appeals discusses appeal from a guilty plea, review of sentence, the 'no merit' appeal, and collateral attack. The book then sets forth the strategy of the prosecutor on appeal, both as an appellate advocate and as the writer of the respondent's brief. Strategies are offered for effective presentation of the oral argument. Finally, the circumstances, scope, and effects of the opinion are discussed, and suggestions are given to attorneys seeking a discretionary review. Footnotes, sample forms, and an index are provided. A paper by a justice of the Supreme Court of Pennsylvania on 'The View from the Appellate Bench' and the text of the American Bar Association Standards Relating to the Administration of Criminal Justice are appended.