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01-3099 U.S. v. Knox

By: dmc-admin//May 6, 2002//

01-3099 U.S. v. Knox

By: dmc-admin//May 6, 2002//

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“Defendants are entitled to competent appellate representation. Good advocates do not raise every non-frivolous legal issue. Counsel’s duty is to present those contentions that promote the client’s interest. Sometimes a litigant may want to take a potentially injurious step, and because it is his liberty that lies in the balance courts allow defendants to do so at trial. Thus before a case concludes in the district court counsel should consult with the client to determine whether the accused wants to withdraw the plea. Cf. Roe v. Flores-Ortega, 528 U.S. 470, 477-81 (2000). But if a client should express a desire to advance a Rule 11 argument on appeal, counsel would be entitled to make an independent decision. A lawyer may limit appellate arguments to those that in his best judgment would do more good than harm. See Jones v. Barnes, 463 U.S. 745 (1983). Cf. Martinez v. Court of Appeal, 528 U.S. 152 (2000). Lawyers should not blindly assume that their clients will benefit from every legal contention, no matter the hazard, and in particular should not present (or even explore in an Anders submission) a Rule 11 argument unless they know after consulting their clients, and providing advice about the risks, that the defendant really wants to withdraw the guilty plea. See United States v. Driver, 242 F.3d 767, 770 (7th Cir. 2001). Nothing we have seen suggests that Knox wants to withdraw his plea, so we do not think it matters that counsel has supplied a substandard assessment of the tools that might be available if Knox did want to start over.”

Appeal from the United States District Court for the Southern District of Illinois, Gilbert, J., Easterbrook, J.

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