Appeal, Collateral Attack, Rights During Punishment

Right to an Appeal

There is no federal constitutional right to an appeal

Equal Protection and Right to Counsel on Appeal

If an avenue of post-conviction relief is provided, conditions that make the review less accessible to the poor than to the rich violate equal protection. Thus indigents must be given counsel at state expense during a first appeal granted to all as a matter of right, and for appeals of guilty pleas and nolo contendere. This does not apply to discretionary appeals.

Retroactivity

If SCOTUS announces a new rule of criminal procedure in a case on direct review, the rule must be applied to all other cases on direct review

Collateral Attack Availability

After appeal is no longer available or has proven unsuccessful, defendants may generally still attack their convictions collaterally

Habeas Corpus Proceeding

An indigent has no right to appointed counsel at a habeas proceeding. The petitioner has a burden of proof by preponderance of the evidence to show an unlawful detention. The state may appeal the grant of a writ of habeas corpus. A defendant may generally only bring a habeas petition if they are in custody. This usually includes anyone who has not fully served the sentence they are attacking

Right to Counsel at Parole and Probation Revocation

If revocation of probation also involves imposition of a new sentence, the defendant is entitled to representation if they would be entitled to representation at trial. If, after probation revocation, an already-imposed sentence of imprisonment is applied, or if the case involves parole revocation, the right to counsel is available only if representation is necessary to a fair hearing

Prisoner Due Process

Prison regulations impinge on due process rights only if the regulations impose “atypical and significant hardship” in relation to the ordinary incidents of prison life

Fourth Amendment in Prison Cells

Prisoners have no reasonable expectation of privacy in their cells.

Prisoner Right to Access of Courts

Prisoners must be given reasonable access to the courts

Prisoner 1A Rights

Prisoner 1A rights of freedom of speech, association, and religion may be burden by regulations reasonably related to penological interests. Note that incoming mail can be broadly regulated, but not outgoing mail. Federal statute bars interference in a prisoner’s religious practices absent a compelling interest

Prisoner right to Medical Care

Prisoners have a right to adequate medical care under 8A

Prisoner Right to vote

A person convicted of a felony may constitutionally be forbidden from voting in state elections and this can continue beyond the term of their sentence