Appeals and Post-trial Procedures Discussion Questions

Question

Please answer the following two question using approximately 140 words for each.

Question 1

According to the Federal Rules of Appellate procedure, how does one file an appeal? Why do we have these procedural steps? What could potentially happen to a lawyer if he or she fails to follow these procedures? Explain.

Question 2

Some criminal defendants may assert that their criminal conviction should be set aside because of ineffective assistance of counsel. How does a court determine whether counsel was, in fact, ineffective? What level of incompetence is necessary for ineffective assistance of counsel? Explain.

PLEASE NOTE:

Use at least one relevant, scholarly source per question in support of your content.

One resource may be the course textbook: Scheb, John, II. (2014). Criminal Procedure (7th ed.). Boston, MA: Cengage Learning, ISBN-13: 9781285459042

     ·  All references must be accessible from the internet (provide a link). 

     ·  References must be from the United States. 

     ·  Any court cases referenced must be from the United States.