How has the court treated the opening brief in a personal injury action?

California, United States of America


The following excerpt is from People v. Fawcett, F073706 (Cal. App. 2017):

Defendant's appointed appellate counsel has filed an opening brief that summarizes the pertinent facts and procedural history, raises no issues, and requests this court to review the record independently. (People v. Wende (1979) 25 Cal.3d 436.) The opening brief also includes the declaration of appellate counsel, stating that defendant was advised he could file his own brief with this court. By letter dated February 6, 2017, we invited defendant to submit additional briefing.

Page 9

Defendant replied in a lengthy letter. Insofar as we can ascertain actual claims of error,7 we have grouped them according to the overall nature of the claim and address each in turn.8 We find it appropriate to point out that "[i]n this cause, it is our appellate jurisdiction that we exercise. . . . 'Appellate jurisdiction is limited to the four corners of the record on appeal . . . .' [Citation.]" (People v. Waidla (2000) 22 Cal.4th 690, 743.) In light of this limitation, we necessarily must reject those of defendant's claims that depend on matters falling outside the record on appeal.

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