Duty of Post-Conviction Consultation

U.S. District Court for the Southern District of Georgia

Rule Set: Local Criminal Rules of the U.S. District Court for the Southern District of Georgia

Rule: 32B

Jurisdiction: SDGA

Bluebook Citation: S.D. Ga. L.Cr.R. 32B

(a) Scope of Consultation. Defendant’s counsel must fully explain to the client the appellate process, the advantages and disadvantages of taking an appeal, and the attorney’s obligation to file an appeal if requested by the client, regardless of the attorney’s view of the likelihood of success. (b) Filing Requirement. Defendant’s counsel shall complete and file a Post-Conviction Consultation Certification memorializing counsel’s compliance with this Local Rule, not later than 14 days after sentencing.

The certification form may be found on the Court’s website. If a Defendant refuses to sign the certification form, counsel shall so state in a supplemental filing. 35

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