Can a client sue an appointed criminal appellate attorney for failing to raise all the issues he wished to have raised on appeal?

California, United States of America

The following excerpt is from Shannon v. Marshall, C054389 (Cal. App. 5/21/2008), C054389 (Cal. App. 2008):

"3. A claim against an appointed criminal appellate attorney for failure to raise all the issues [Shannon] wished to have raised on direct appeal does not give rise to liability for legal malpractice because appointed appellate counsel has no duty to argue every issue a client wishes to have raised. (Redante v. Yockelson (2003) 112 Cal.App.4th 1351, 1356-1357.)

"4. [Shannon] has not demonstrated that the issues omitted by [Marshall] were `arguable.'

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

Can a party who fails to raise issues before the trial court raise new issues on appeal? (California, United States of America)

Is a client's attorney required to repay all moneys laid out by the attorney to the attorney before the client can make a claim against the attorney? (California, United States of America)

Can a client who has committed a crime against an attorney be considered a potential criminal defendant in the context of the attorney-client relationship? (California, United States of America)

Can an attorney who is sued for malpractice by a former client cross-complain for equitable indemnity against a successor attorney who has been hired to extricate the client from the condition created by the predecessor attorney? (California, United States of America)

Can a defendant personally raise the issue of ineffective assistance of counsel by bringing a motion to discharge his attorney and appoint a new attorney? (California, United States of America)

Is a party who fails to alert the trial court to an issue that has been left unresolved forfeits the right to raise the issue on appeal? (California, United States of America)

Is appellant's contention that he would rather be able to represent himself rather than rely upon an attorney appointed by his appointed attorney without consulting the court? (California, United States of America)

Does the Attorney General have the authority to deny an appeal because the Defendant failed to identify as an issue on appeal the fact she was improperly induced to enter her plea? (California, United States of America)

Is appellant's appointed attorney properly appointed to the Office of Appeal Counsel? (California, United States of America)

What are the findings and conclusions of the Court of Appeal in the Appeal Court of Ontario regarding the conduct of appellant's appointed attorney? (California, United States of America)

Can a client sue an appointed criminal appellate attorney for failing to raise all the issues he wished to have raised on appeal?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources