Notice of Counsel's Post-Convction Obligations by Gladys Harun — USA v. Harun (Dkt. 36, S.D. Ga.)

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Notice of Counsel's Post-Conviction Obligations, Document 36, in the United States District Court for the Southern District of Georgia. In the counsel's voice, it states an understanding that retained counsel must continue to represent a criminal defendant until successor counsel enters an appearance or is appointed under the Criminal Justice Act, and that appointed counsel is relieved on appeal only for incompatibility or other serious circumstances. It states an obligation to advise the client fully about direct appeal rights and to file a direct appeal if the client requests it. It states awareness of the option, after conscientious review, to seek leave to withdraw and file a brief under Anders v. California, and a duty to give the defendant timely notice of any court decision affecting the case.

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Case 3:23-cr-00003-DHB-BKE Document 36 Filed 01/24/24 Page1of2

5. Suggested Filing:

I understand that | am duty-bound to not only consult with my client following conviction and sentence,
but also have him or her express, in writing, his or her decision whether or not to appeal.

Sign: MEE mint <lohkarys Vin” Attorney for Defendant G\a Ays Weacun
J
Case 3:23-cr-O0003-DHB-BKE Document 36 Filed 01/24/24 Page 2 of 2

IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF GEORGIA

NOTICE OF COUNSEL'S POST-CONVICTION OBLIGATIONS

1. Duty of Continuing Representation on Appeal:

Retained Counsel: I understand that under 11th Cir.R. 46~10(a), “[rJetained counsel for a criminal
defendant has an obligation to continue to represent that defendant until successor counsel either enters an
appearance or is appointed under the Criminal Justice Act, and may not abandon or cease representation ofa
defendant except upon order of the court.” Jd.

Appointed Counsel: I understand that under 11th Cir-R. 46-10(c), “Counsel appointed by the trial court
shall not be relieved on appeal except in the event of incompatibility between attorney and client or other
serious circumstances.” Id.

2. Duties Regarding The Filing of Direct Appeals:

I understand that, whether I was retained or appointed to represent my client, 1 am obligated to fully
advise my client about his direct appeal rights including: advising him about the advantages and
disadvantages of pursuing an appeal, making a reasonable effort to discover his wishes in that regard, and
filing a direct appeal if he so requests, irrespective of any perceived merits of the appeal. See Roe v. Flores—
Ortega, 528 U.S. 470, 120 S.Ct. 1029, 145 L.Ed.2d 985 (2000); Thompson v. U.S., 504 F.3d 1203 (11th
Cir.2007) (counsel has a constitutional duty to adequately consult with his client about an appeal if: (1) any
rational defendant would want to appeal (for example, because there are nonfrivolous grounds for appeal), or
(2) this particular defendant reasonably demonstrated to counsel that he is interested in appealing).
Furthermore, I understand that I should not rely upon the sentencing judge's instructions alone to satisfy my
duty to consult with my client, and “[s]imply asserting the view that an appeal would not be successful does
not constitute ‘consultation’ in any meaningful sense.” Thompson, 504 F.3d at 1207. Rather, I must fully
explain to my client the appellate process, the advantages and disadvantages of taking any appeal, and the
fact that I am obligated to file an appeal if that is what my client requests, regardless of my recommendation.
Id.

3. Duty Regarding Frivolous Appeals:

if, after conscientious review of my client's appeal, I find that the appeal is without merit, I am aware of
the option to move the appellate court for leave to withdraw from further representation of the appellant and
file a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). See, e.g.,
U.S. v. Dotson, 2008 WL 1946785 (11th Cir.2008) (unpublished) (standard procedure for Anders briefs);
U.S. v. Hall, 499 F.3d 152, 155-56 (2nd Cir.2007) (Anders brief substantive requirements).

4, Duty to Provide Timely Notice of Decisions Impacting Client's Case:

My duties as appellate counsel on direct appeal include my obligation to give the defendant timely notice
of any court decision affecting his case. Smith v. Ohio Dep't of Rehab., and Corr., 463 F.3d 426, 433 (6th
Cir.2006); see also id. at 434 (failure of defendant's counsel to provide him with timely notice of decision of
intermediate appellate court on direct appeal was constitutionally deficient performance).


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