Effective Criminal Appellate Advocacy: Seeking Reversal by Concurrent Collateral and Direct Attacks in the Appellate Court

A lawyer\u27s duty on an appeal from a criminal conviction is to present every arguable issue contained in the record on appeal. Often, however, evidence exists outside the record which, if it had been presented, might have produced a result more favorable to the defendant. The author argues, therefore, that the duty of an appellate attorney should be expanded to include a duty to investigate the entire case and, when necessitated by such investigation, to initiate collateral proceedings in order to bring any newly found information before the court