Since spring 2022, the Appellate Criminal Defense Clinic, led by Professor Rachel T. Goldberg, has provided students with the unique opportunity to manage appellate criminal cases from start to finish. Representing indigent defendants convicted of felonies in Manhattan and the Bronx, students handle every stage of an appeal, from reviewing trial transcripts and conducting legal research to writing appellate briefs and presenting oral arguments. This hands-on experience is particularly valuable for students interested in appellate litigation and social justice, allowing them to confront injustices in the criminal system.
Before joining Cornell Law in 2018, Goldberg worked as an appellate public defender in New York City. She noticed a gap in the law school’s curriculum, where no clinic focused on criminal appeals. To address this, she founded the Appellate Criminal Defense Clinic.
“Our clinic provides high-quality legal representation to those who desperately need it: indigent, incarcerated clients appealing their felony convictions in state court.” –
— Rachel T. Goldberg
“Our clinic provides high-quality legal representation to those who desperately need it: indigent, incarcerated clients appealing their felony convictions in state court,” said Goldberg. She notes that the clinic also covers critical issues like client communication, professional ethics, and the complex roles of race and power in mass incarceration.
The clinic, offered every spring semester, partners with the Center for Appellate Litigation, a prominent appellate public defense office in New York City. Students work in pairs to uncover legal errors in their clients’ cases, ranging from unlawful searches and improper jury instructions to excessive sentencing. One team challenged a sixteen-year-to-life sentence for a necklace theft, arguing it was excessively harsh.
Sophia Chung ’24 (left) and Gigi Scerbo ’24 (right) with Rachel Goldberg at Convocation
Students attend weekly seminars covering relevant legal doctrines, including criminal procedure, constitutional law, and appellate practice. They also meet weekly with Goldberg and a supervising attorney from the Center for Appellate Litigation, who provide detailed feedback on their briefs and arguments. These meetings allow students to reflect on their cases and clients’ personal circumstances, developing a holistic understanding of advocacy.
Our clinic provides high-quality legal representation to those who desperately need it: indigent, incarcerated clients appealing their felony convictions in state court.
— Rachel T. Goldberg
“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, phone calls, and prison visits. Goldberg describes these interactions as “sobering and invaluable,” as they give students firsthand insight into the real-world consequences of their legal work. Some students have also advocated for better prison conditions for clients who faced inadequate medical care or civil rights violations.
At the end of the semester, students present moot oral arguments before a panel of appellate defense attorneys. Students in the advanced clinic version can argue their cases before a five-judge panel in Manhattan’s Appellate Division, First Judicial Department. “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.”
The clinic “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.
