Klark Deziray Hopkins v. California
DueProcess CriminalProcedure
Do the presumption against waiver of fundamental constitutional rights and the Fourteenth Amendment Due Process Clause's guaranty against deprivations of liberty and property apply to the right to appeal and protect against the appeal's dismissal?
QUESTIONS PRESENTED 1. Do the presumption against waiver of fundamental constitutional rights and the Fourteenth Amendment Due Process Clause’s guaranty against deprivations of liberty and property apply to the right to appeal and protect against the appeal’s dismissal? 2. Does the presumption of prejudice recognized in Roe v. FloresOrtega, 528 U.S. 470 (2000) and Garza v. Idaho, 139 S.Ct 738 (2018) apply when defense counsel filed a notice of appeal where defendant’s plea agreement included an appeal waiver, but deficiently obtained no certificate of probable cause, which resulted in the appeal’s dismissal? -i