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Second Circuit Holds Appointment of Counsel for Direct Appeal Not Subject to Frivolousness Rule

by Dale Chappell

The U.S. Court of Appeals for the Second Circuit held in forma pauperis (“IFP”) “motions on direct criminal appeals are not subject to a merits determination under [28 U.S.C.] Section 1915.” The Court explained that this rule “ensures that all financially eligible defendants—whether granted CJA [Criminal Justice ...

 

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