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).