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Does the defense have a duty to appeal the conviction of first degree intentional homocide?

2007-03-19 07:39:49 · 3 answers · asked by james s 1 in Politics & Government Law & Ethics

3 answers

In most states, and federal statute as well, anything involving the death penalty or life in prison triggers an automatic appeals process to review all aspects of the case & ensure the person was tried and convicted fairly.

As far as the defense attorney, his duty is to present the best possible case in the attempt of protecting his client/creating reasonable doubt in the minds of the jurors. As far as I know, there is nothing that says a defense attorney has to participate in the appeals process for his client. But I would think if he does not, it opens up a grounds for appeal based on incompetent council.

2007-03-19 07:47:13 · answer #1 · answered by Kat 2 · 0 0

Only if the sentence was the death penalty. That's the only time there are mandatory appeals,at least universally. Some states might have laws making it mandatory, I'm not sure. Most good attorneys will still try for an appeal if they have any grounds for one.

2007-03-19 07:46:42 · answer #2 · answered by Megan 1 · 0 0

In most cases yes, it may be law ,. But i dont have to agree/

2007-03-19 07:45:45 · answer #3 · answered by Grand pa 7 · 0 0

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