Tuesday, March 28, 2006

Counsel need not second guess client’s decision not to appeal

Schultz v. State, 2006 UT App 105

Once a client says he does not want to appeal an adverse ruling, his attorney has no duty to file a notice of appeal or even to check back with the client to make sure he hasn’t changed his mind.

The client in this case was mentally impaired, but found competent to stand trial. He later claimed that his attorney never explained his right to appeal. The attorney claimed that he did and that the client choose not to appeal. After post-conviction hearing on ineffectiveness, the trial court believed the attorney over the client.


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