UC Law Journal


Gerald Z. Marer


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.

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