Page:Gilberto Garza, Jr. v. Idaho.pdf/9

6, while signing an appeal waiver means giving up some, many, or even most appellate claims, some claims nevertheless remain.

It is also important to consider what it means–and does not mean–for trial counsel to file a notice of appeal.

“Filing such a notice is a purely ministerial task that imposes no great burden on counsel.” Flores-Ortega, 528 U. S., at 474. It typically takes place during a compressed window: 42 days in Idaho, for example, and just 14 days in federal court. See Idaho Rule App. Proc. 14(a) (2017); Fed. Rule App. Proc. 4(b)(1)(A). By the time this window has closed, the defendant likely will not yet have important documents from the trial court, such as transcripts of key proceedings, see, e. g., Idaho Rules App. Proc. 19 and 25; Fed. Rule App. Proc. 10(b), and may well be in custody, making communication with counsel difficult, see Peguero v. United States, 526 U. S. 23, 26 (1999). And because some defendants receive new counsel for their appeals, the lawyer responsible for deciding which appellate claims to raise may not yet even be involved in the case.

Filing requirements reflect that claims are, accordingly, likely to be ill defined or unknown at this stage. In the federal system, for example, a notice of appeal need only identify who is appealing; what “judgment, order, or part thereof” is being appealed; and “the court to which the appeal is taken.” Fed. Rule App. Proc. 3(c)(1). Generally speaking, state requirements are similarly