In what circumstances will the court grant an appeal against a finding that the trial attorney denied the petitioner's request?
California, United States of America
The following excerpt is from People v. Chapman, 485 P.2d 1149, 5 Cal.3d 218, 95 Cal.Rptr. 533 (Cal. 1971):
In In re Thornton, 64 Cal.2d 484, 485--486, 50 Cal.Rptr. 556, 413 P.2d 156, we stated that in the simple case where a petitioner testifies that he requested an appeal and where the trial attorney testifies that he did not, the liberal rules of construction favoring the allowance of an appeal might weigh the scales in favor of the petitioner. (See also People v. Sanchez, 1 Cal.3d 496, 501, 82 Cal.Rptr. 634, 462 P.2d 386.)
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