Giving Leeway to Pro Se Defendants When Filing Appeals – Clark v. Cartledge

law libraryIn criminal matters, a defendant has a right to an attorney during initial proceedings, but not necessarily through all appellate or habeas proceedings that might be filed. This often means that while defendants are provided legal counsel initially, they often cannot afford to retain such counsel as their legal claims wind their way through the system. Instead, they must represent themselves pro se, meaning that they are their own attorneys in court. Courts generally give pro se defendants significant latitude to defend themselves, since they have not gone to law school and do not know all of the little details of the law. It is considered more important to give pro se defendants their fair day in court than to keep them out on minor technicalities or due to confusion.

A recent case out of the Fourth Circuit looks at whether a pro se defendant who notified the court of his intent to file a notice of appeal, but did not file a proper appeal under the appellate rules, can be considered to have appealed his case. In Clark v. Cartledge, the defendant was found guilty of kidnapping and assault. After attempting to get post-conviction relief, Mr. Clark filed a pro se habeas petition, arguing that his constitutional rights had been violated. The state moved for summary judgment on his petition, and the motion was granted. In response, Clark filed a motion for an extension of time to seek a certificate of appealability before the trial court. This motion was filed within the 30-day limit for seeking an appeal of a trial court decision. However, Mr. Clark did not file a formal notice of appeal in the court of appeals, as required under appellate Rule 3.

In reviewing whether Mr. Clark’s motion was an acceptable notice of appeal under Rule 3, the Fourth Circuit noted that Rule 3 is to be construed liberally in order to avoid denying parties their right to appeal on grounds of technicalities. Furthermore, courts are directed to give extra discretion to pro se appellants who may not fully understand the appellate rules of procedure. Under the law, as long as the notice provided by a party gives notice to the court of an intent to file and does not prejudice the opposing party, it should be sufficient.

The Fourth Circuit held that in this case, Mr. Clark’s motion clearly provided notice of his intent to appeal. While the State argued that the notice was too speculative because it showed only that Mr. Clark was seeking more time in case he might appeal, the Fourth Circuit disagreed. It held that there would be no reason for him to seek an extension unless he intended to appeal, and the motion was sufficient to put everyone on notice.  Accordingly, the appellate court held that an application for a certificate of appealability could be properly heard by the court.

While this case is an example of how courts can liberally construe rules in order to provide protections to pro se criminal defendants, pro se defendants still face significant hurdles in attempting to defend against a conviction or appeal an unfair conviction. Only in very rare circumstances are pro se defendants ultimately successful in the courtroom. If at all possible, it is always advised to seek experienced criminal defense representation in order to have a stronger chance of success in defending against your criminal charges. The West Virginia criminal defense lawyers at the Wolfe Law Firm have been serving clients in both state and federal courts for more than 25 years and can work with you to meet your legal needs without causing unnecessary financial stress. Call us at 1-877-637-5756 or contact us online for a free consultation.

Related blog posts:

Waiver of Appellate Rights in Criminal Proceedings – U.S. v. McLaughlin

A Plea Deal Gone Wrong in West Virginia – State v. Fields

Court Orders Sentencing Redo After Prosecutors Disregard Plea Deal -U.S. v. Wells