The Right to Effective Assistance of Appellate Counsel

51 Pages Posted: 11 Mar 2009  

Lissa Griffin

Pace University School of Law

Date Written: 1994

Abstract

This article closely examines the Supreme Court's decision in Strickland v. Washington, as it applies to effective assistance of trial counsel. Part III analyzes the constitutional origin and current status of the right to effective assistance of counsel on appeal. Part IV discusses the functional differences between trial and appellate counsel, the differences in the two forums, and the different effect that a finding of ineffectiveness of counsel at trial or on appeal has on finality. Part V formulates a standard to govern ineffectiveness of appellate counsel claims that incorporates Strickland's "reasonable competence" standard, but applies that standard differently with respect to appellate counsel. It also rejects Strickland's prejudice requirement.

Suggested Citation

Griffin, Lissa, The Right to Effective Assistance of Appellate Counsel (1994). West Virginia Law Review, Vol. 97, 1994. Available at SSRN: https://ssrn.com/abstract=1356117

Lissa Griffin (Contact Author)

Pace University School of Law ( email )

78 North Broadway
White Plains, NY 10603
United States
914-422-4231 (Phone)

HOME PAGE: http://www.pace.edu/page.cfm?doc_id=23170

Paper statistics

Downloads
70
Rank
274,568
Abstract Views
704