You’re entitled to effective representation not only at the trial but in the appeal, so there is a habeas petition that could be filed with the appellate court challenging the effective assistance or the ineffective assistance of your appellate attorney and if you can find issues of where your appellate attorney didn’t argue all the issues he should have argued for your direct appeal and the appellate court agrees, then the appellate court can remand for that reason as well. I’ve had cases where, for example, a client on a first time offense was entitled to what’s called the pretty sentencing investigation prior to sentencing; it’s called the PSI for short.
The Appellate Court May Agree and Send the Case Back to Trial Court to do the Proper Procedure and Re-Sentence
The appellate attorney, when they reviewed the trial transcript and the sentencing transcript, never saw that the client was sentenced without this pre-sentencing investigation report being done or presented and didn’t argue it in the appeal. That’s the basis, it was the basis of habeas relief that I got for the client by arguing that the appellate attorney should have seen that error that was made by the trial attorney and should have briefed that issue for the appellate court to rule on. The appellate court, in a couple of cases that I’ve had, has agreed and sent the case back to the trial court to do the proper procedure and re-sentence. So, there is a way to challenge the effective assistance of your appellate attorney just like there is a way to challenge the effective assistance of your trial attorney that you have a right to do.
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