If you waive appeal, do you waive appeal? Discussing Garza v. Idaho

5 years ago

A criminal defendant, as part of a plea deal, waived his right to appeal. After he was sentences, he instructed his lawyer to appeal anyway. His lawyer, relying on the waiver, decided not to file the notice of appeal.

Normally, the decision of whether or not to appeal is for the defendant alone. The question here is whether or not the waiver changed that, and whether the lawyer acted with prejudice to the client's rights.

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