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Criminal Appeals Are Generally Routine Because They Seldom Raise Meritorious

question 41

Multiple Choice

Criminal appeals are generally routine because they seldom raise meritorious issues (Primus, 2007; Wold & Caldeira, 1980) . Current standards of effective assistance of counsel often force lawyers to appeal, no matter how slight the odds of appellate court reversal. As a result, a significant number of criminal appeals lack substantial merit. For example, of the roughly 5,125 written dispositions in criminal appeals filed by defendants in the California Court of Appeals in 2010, the court reversed only 226 (4%) convictions (Judicial Council of California, 2011) . Why do criminal appeals rarely succeed? First, the appellate standards of review applicable to most decision-making during criminal trials are highly deferential to trial court outcomes (Primus, 2007) . Second, appellate courts often find that no reversible error was committed during the trial court proceedings.
-What defendants did Neubauer (1991) find were most likely to win on appeal?

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