California Supreme Court January 28, 2002, S085224 (Marks v. Superior Court)

Opinion

BROWN, J.

Appeal from a judgment of death is automatic. (Pen. Code, § 1239, subd. (b).) If, as in most cases, the defendant is indigent, this court will appoint counsel to prosecute the appeal.

(Id.,

§ 1240.1.) Until 1998, appointed counsel’s obligations also included “a duty to investigate factual and legal grounds for the filing of a petition for writ of habeas corpus.” (Cal. Supreme Ct.