Eleventh Circuit Court of Appeals - Published Opinions

Wednesday, December 15, 2004

Lawyers' Standing to Sue for Non-Clients

In Kowalski v. Tesmer, No. 03-407, the Supreme Court held that attorneys lack third-party standing to assert the rights of criminal defendants who have been denied appellate rights after pleading guilty. [Note: it is thought that the Court will address the substantive issue – whether defendants who plead guilty can be denied appellate counsel, and can be denied the right to appeal unless a court specifically grants leave to appeal – in a pending case, Halbert v. Michigan, No. 03-10198].