What is a Wende brief?
As approved by the U.S. Supreme Court, counsel’s duty is to file a brief: “that summarizes the procedural and factual history of the case, with citations to the record.
What is a Sade C brief?
The brief should include a statement of appealability and a statement of facts and case. It does not need to be long, but it should sufficiently explain the relevant facts to the court which will not necessarily read the record.
What is a Phoenix brief?
brief,” a motion to file a supplemental brief supported by a showing of good cause that an arguable issue does exist. In any case where appellant already has been permitted to proceed in pro per, the court will proceed to dispose of the appeal on the merits if an opening brief is filed by appellant.
When should I submit a Wende Brief to SDAP?
If you believe that a Wende brief is appropriate, you must first submit the record to SDAP for its independent review. A Wende brief may not be filed unless a SDAP staff attorney has authorized the filing of the brief. Finally, with respect to the format of a Wende brief, SDAP recommends, but does not require, the following approach.
What should appellate counsel do before filing a Wende Brief?
Before filing a Wende brief, appellate counsel should recall that there is an ethical duty to zealously represent the client and “resolve all doubts and ambiguous legal questions in favor of his or her client.” (McCoy v. Court of Appeals of Wisconsin (1988) 486 U.S. 429, 444.)
When to file a brief in California Court?
In People v. Wende (1979) 25 Cal.3d 436, the California Supreme Court specified the nature of the brief which is to be filed when defense counsel is unable to find a non-frivolous issue to argue. As approved by the U.S. Supreme Court, counsel’s duty is to file a brief:
Does counsel following Wende request leave to withdraw?
[C]ounsel following Wende neither explicitly states that his review led him to conclude that an appeal would be frivolous . . . nor requests leave to withdraw. Instead, he is silent on the merits of the case and expresses his availability to brief any issues on which the court might desire briefing. [Citation.]” (Smith v.