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  Rule 45.1. Criminal appeals - Counsel on appeal.

  (a)  Right of Counsel on Appeal. The determination of whether a defendant 

  in a criminal prosecution is entitled to court appointed counsel on appeal 

  shall first be made by the trial court upon application of the defendant, 

  or upon the trial court's own motion, either before or after a notice of 

  appeal has been filed. If the application is denied by the trial court, the 

  defendant may apply to the Supreme Court for an order directing the trial 

  court to appoint counsel. An application for counsel on appeal may be 

  treated as a notice of appeal. 

   

  (b)  Trial Defense Counsel to Continue Representation on Appeal. A court 

  appointed trial defense counsel of an indigent defendant shall continue to 

  represent the defendant on an appeal, if any, unless granted leave to 

  withdraw as counsel by order of the district court for good cause shown 

  before the filing of a notice of appeal. In the event of the withdrawal of 

  trial defense counsel, the district court shall appoint new counsel for the 

  indigent defendant if the defendant desires to appeal. 

   

  (Adopted March 24, 1982, effective July 1, 1982.)

 

As the Third Branch of Government, we provide access to justice through the timely, fair, and impartial resolution of cases.

 

Members of the
Idaho Supreme Court



Members of the
Idaho Court of Appeals

 

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