Examples of Ineffective Assistance of Appellate Counsel
It is well-established that every criminal defendant has a statutory right to appeal an adverse district or circuit court judgment, as well as a due process and equal protection right to effective assistance of counsel to prosecute that appeal. Carvalho, 81 Haw. at 191-92, 914 P.2d at 1384-85.
Where a defense counsel's conduct:
jeopardizes a defendant's right to appeal
files an untimely appeal
fails to advise clients of their right to appeal in forma pauperis
gives erroneous advice of such a substantial nature that the defendant is deprived of the ability to make an informed and intelligent decision on whether to appeal, or causes a defendant to forego an appeal by discouraging the defendant as to the likelihood of success on appeal
An ineffective assistance of counsel question is presented. State v. Caraballo, 62 Haw. 309, 313-14, 615 P.2d 91, 95 (1980).