Waivers Of Appellate And Collateral Rights Are Distinct

Law360, New York (February 11, 2014, 11:21 AM ET) -- As a defense attorney, you’ve worked hard with the government to reach what you think is a fair plea deal for your client. The assistant United States attorney demands, as part of the plea deal, that your client waive his or her appellate rights, including Sixth Amendment claims of ineffective assistance of counsel. Of course your representation has been competent — the plea deal is among the best you’ve negotiated — and you recommend that he accept the plea deal. But is there a conflict of...
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