A lawyer's duty on an appeal from a criminal conviction is to present every arguable issue contained in the record on appeal. Often, however, evidence exists outside the record which, if it had been presented, might have produced a result more favorable to the defendant. The author argues, therefore, that the duty of an appellate attorney should be expanded to include a duty to investigate the entire case and, when necessitated by such investigation, to initiate collateral proceedings in order to bring any newly found information before the court.
Gerald Z. Marer,
Effective Criminal Appellate Advocacy: Seeking Reversal by Concurrent Collateral and Direct Attacks in the Appellate Court,
27 Hastings L.J. 333
Available at: https://repository.uchastings.edu/hastings_law_journal/vol27/iss2/2