Q: Can one assert the fifth if criminal case is on appeal?
A: I am unsure of the meaning of your question. If a case is on appeal, presumably a lawyer is handling the appellate work. If law enforcement attempts to speak with someone who is now convicted of an offense without the benefit of counsel, it is always wise to assert ones right and not discuss the facts of the underlying offense especially if the appeal is successful and the case is remanded for retrial.
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