Go to:	Briefs Menu	Cases Pending	Cases Decided

ROE v. ORTEGA

United States Supreme Court No. 98-1441

---

QUESTION PRESENTED: Does trial counsel have a Sixth Amendment duty to file a notice of appeal in the absence of an express waiver from the defendant when (1) the conviction was entered on a plea of guilty; (2) in counsel's opinion, there are no arguably meritorious grounds for appeal; (3) defendant has been advised of his rights to appeal; and (4) defendant has not requested an appeal?

ORAL ARGUMENT DATE: Date not available

---

INTRODUCTION

Interest of amicus curiae
Summary of facts and case
Summary of argument

ARGUMENT - Part I

I. The present case is one of challenged effectiveness of trial counsel, not denial of appellate counsel

II. The test of Strickland v. Washington should be applied

A. Lozada/Rodriquez

Part II B

B. Deficient performance
C. Prejudice

III. Imposition of a duty to file unrequested, meritless appeals would be a "new rule" contrary to Teague v. Lane

Conclusion