Cornell Law’s Criminal Appellate Defense Clinic Provides Students With Unique Opportunity

Since the spring of 2022, Cornell Law's Appellate Criminal Defense Clinic, directed by Professor Rachel T. Goldberg, has provided students with the unique opportunity to oversee an entire appellate criminal case from start to finish. Students hone their legal skills as they read through trial transcripts, learn about trial and appellate-level litigation, research their case issues, write their own appellate briefs, and orally argue their cases. Representing indigent defendants convicted of felonies in Manhattan and the Bronx, students forge close relationships with their clients. For students who have a strong interest in appellate litigation and social justice work, this clinic offers them a chance to address injustices in the criminal legal system while working in an area that requires a high level of technical legal expertise.

Goldberg served as an appellate public defender in New York City for many years before starting at the Law School as a Lawyering professor in 2018. At that time, there were no clinics at Cornell that focused exclusively on traditional criminal appeals. She saw that she could fill that gap by founding the Appellate Criminal Defense Clinic.

Goldberg's clinic, which is offered each spring semester, partners with the Center for Appellate Litigation, a holistic appellate public defense office in New York City. The students work in pairs to identify errors that occurred during any stage of the investigation and prosecution of their client's case. Students have argued a variety of issues, including that police unlawfully searched their client's phone, that the court provided unfair and inaccurate instructions to the jury, that the evidence was not strong enough to prove their client's guilt at trial, and that a sixteen-year-to-life sentence for a necklace snatching was excessive and cruel.

"Our clinic provides high-quality legal representation to those who desperately need it: indigent, incarcerated clients appealing their felony criminal convictions in state court," said Goldberg. The clinic also "addresses issues such as client communication, ethical and professional norms governing public defense work, and the roles that power and race play in mass incarceration."

In addition to meeting weekly for a class seminar where students learn relevant federal and state criminal procedure, constitutional law, and appellate doctrine, students also meet weekly with the professor and a supervising attorney at the Center for Appellate Litigation who serves as an adjunct professor in the clinic. The weekly meetings provide students a space to consult about their individual cases and client issues, and where Goldberg provides intensive feedback on the students' writing.

"Telling my client's story in a brief that could change the law was the highlight of my time in law school. I grew so much as an advocate and left with a deeper appreciation for criminal appeals work," said Sophia Chung '24.

Students regularly communicate with their clients through letters or phone calls, and each student team visits their incarcerated clients at least once during the semester. Based on these visits, which Goldberg says students find both "sobering and invaluable," students have advocated for improvement in conditions for clients who were not getting adequate medical care and for clients whose civil rights were being violated in their facilities.

Throughout the spring semester, students are mostly focused on brief writing, but all students engage in a moot oral argument in front of a panel of appellate defense attorneys the last week of classes. Once the clients' briefs are filed, oral argument is scheduled several months later. Students can register for an advanced version of the clinic and orally argue their cases in front of a five-judge panel in the Appellate Division, First Judicial Department, in Manhattan. "I think that is one of the most unique components of this clinic," said Goldberg. "Most attorneys don't get to argue in front of an appeals court until they've been practicing for many years, so the fact that our students are getting this opportunity is very rare and special."

"This clinic was impactful for me because it gave me the chance to actually and meaningfully take part in the representation of a criminal defendant working through the criminal appeals process," said Gigi Scerbo '24. "I learned about the appeals process in New York, the proper way to construct and draft an appellate brief and oral argument, and what it takes from a young lawyer to represent criminal defendants on appeal."

Over the course of the clinic, students learn and acquire many of the skills needed to have a successful law career, such as honing effective communication and collaboration skills, creating compelling case narratives, writing organized and factual case arguments, and practicing oral skills for both formal and informal settings.

"The Appellate Criminal Defense Clinic gave me the unparalleled opportunity to work on an appeal from the earliest stages through oral argument as a law student," said Gabriella Pico '22. "This experience made me a more effective researcher, writer, and advocate, enabling me to take on greater responsibilities and more substantive work in my first years as a practicing attorney."

Goldberg notes that "because students have so much ownership and autonomy over their cases, even if they don't go on to do public interest law, they are well equipped to take on pro bono cases and become young leaders at their firm."

The clinic is small but mighty. Although she hopes to expand the clinic's capacity in the future, Goldberg currently only takes about a fifth of students who apply. Her criteria for accepting students into the program varies, but students who have a specific interest in criminal defense or pro bono work are considered high priority, as are students who have a keen interest in writing and research.

"The clinic [provides] exceptional mentorship and frequent, individually tailored feedback from a dedicated clinic professor. Most importantly, it gave me the opportunity to interact with a client directly, and work to make a tangible difference by contributing to the defense of individuals facing the repercussions of the criminal justice system," said Gabriella Pico '22.

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