Is There a Right to Appellate Counsel? Justices Take a Look

By Jessica DaSilva, Bloomberg BNA

The Sixth Amendment guarantees a right to effective criminal representation at trial, but whether that guarantee extends to appellate counsel was the focus of circular questioning at April 24 U.S. Supreme Court oral arguments.

Defendant Erick Daniel Davila argued that his appellate counsel was deficient for failing to argue what Davila believed was an improper jury instruction.

If the court finds in his favor, Davila would have grounds to challenge his final and fully appealed state conviction.

External Error

The Sixth Amendment guarantees the right to effective representation during a criminal trial, but is ...