Idaho Supreme Court, Attorney, Of Counsel discussed on Opening Arguments


A waiver of your right to an appeal right but called an appeal waiver. It says, hey, I've pled guilty to ex and in doing so I have knowingly and voluntarily agreed to be sentenced for the crime to which I'm pleading guilty. And also, I agree that I'm giving up my right to appeal any sentence or anything related to this crime. Right. That's what pleading guilty meets right, but an appeals waiver. And this is the technical issue that the supreme court was considering an. Heels waiver does not wave everything right? There are some things that you can't waive your right to appeal. This is not the issue here. There was in fact, new issue here for the reason that I'm about to present. But for example, one of the things you can't agree to as an appellate waiver. Is you can't agree to waive your right to appeal on the basis of ineffective assistance of counsel right there? Other things to which you are prohibited from giving up when you file your a pellet waiver. Okay. So what actually happened in this case in this case plea bargain appellate waiver? The client said, hey, I want to appeal after getting a sentence longer than what he expected and the lawyer said, yeah. Yeah. Fine and never filed the notice of appeal now. Wow. Okay. Now again, you wanna steal man the other side, right? Maybe the lawyer was thinking great like you signed a deal contains an appellate waiver. Right. No, right. There's no grounds upon which you would appeal. Right. But that would be a form of of of attorney misconduct right because appellate waivers do not necessarily wave one hundred percent of of your appeal rights. Right. So you gotta do what your client tells you to do lawyer didn't and now in this collateral proceeding. Garza says, hey, that's ineffective assistance of counsel. And the supreme court six to three says. Yeah, it is and the specific issue there. So this is a good decision. We need to the good before we get to the terrifying. That the specific issue was the Idaho supreme court ruled that you had to identify the particular prejudice. That would have come about. This is also something we talked about when we were doing our lawful movies on proven innocent. Try like it's not enough to show. Oh that your attorney made a mistake. Typically, you have. You heard that the mistake would Matt right? Exactly. And like tripped on his shoelaces when he walked into court one day so innocent ineffective like now. It's gotta be something material. Yes. Exactly. Right. And so the supreme court has a long standing line of precedent. That says, hey, when your attorney fails to file a notice if appeal on your behalf, you don't have to demonstrate prejudice, right? The the prejudice is presumed right? And here the Idaho supreme court and the lower appellate court said. Yeah, we get the prejudices presume, but that it shouldn't be in a case like this right because he'd already given up his rights to appeal. So that makes no sense. And supreme court said, you know, what we're not going to change the law on that the that that. An appeal waiver is not a waiver of all of your appellate writes, your lawyer has to provide minimum basic competent counsel. And we think failure to file a notice of appeal falls below that standard of arguments is brought to you by vistaprint. You know, when I started my podcast or actually when I had truthfully when I'd already started several podcasts. I finally finally occurred to my wife, Lydia that maybe I need some business cards. So she popped onto vistaprint and ordered me some business cards, and I love them. It's super cool..

Coming up next