860 Adv. Criminal Procedure - §001, Spring 2012

Categories: Criminal Law

Instructor(s) Pray, John, Lichstein, Byron, Alderman, Kimberly

This is the classroom component of a clinical offering of the Frank J. Remington Center. Students in the project work under clinical faculty supervision on cases appointed by the State Public Defender providing representation to criminal defendants on direct appeal of their convictions and sentences. Along with work on actual cases, the project includes a classroom component in which students study the appeals process, client-centered representation, and persuasive advocacy. Students must commit to continue in the Spring for at least 3 credits. The Spring portion is separately listed as "Appellate Advocacy II."

Students are required to concurrently enroll in the appropriate section of Law 854, the clinical work component of the Criminal Appeals Project.

Learning Objectives for this Class

This is a class about the criminal appeals process. It is a two semester course. At the end of the first semester, you will know a great deal about the beginning stages of an appeal. At the end of the term you each should understand:

• How the criminal appeals process is initiated, and the steps that must be taken to perfect an appeal.
• How to conduct an initial in-person interview with real clients.
• How to digest the court record, trial attorney file, and transcripts of hearing into a comprehensive chronological document.
• How to identify possible issues for appeal.
• How to solicit ideas from your client regarding the appeal.
• How to communicate with your client about the issues that have merit, and the issues that do not have merit.
• How to communicate with the trial attorney, including soliciting ideas for appeal, and raising possible claims of ineffective assistance of counsel.
• How to draft a postconviction motion.

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