How have appellate courts dealt with a notice of appeal and supplemental brief?

California, United States of America


The following excerpt is from People v. New, B279214 (Cal. App. 2017):

Defendant filed a notice of appeal. We appointed appellate counsel to represent him. Appointed counsel filed a brief in which no issues were raised. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Defendant filed a supplemental brief1 with this court, raising a number of issues, such as the sufficiency of the evidence, instructional error based on defendant's mental health, ineffective assistance of counsel, and the prejudicial impact of late discovery.

Defendant has not raised any arguable appellate issues. His claims of error are not supported by any legal analysis. "Where a point is raised in an appellate brief without argument or legal support, 'it is deemed to be without foundation and requires no discussion by the reviewing court.' [Citation.]" (People v. Murray (2008) 167 Cal.App.4th 1133, 1143.) Defendant's failure to provide legal argument or authority forfeits these issues on appeal. (People v. Hovarter (2008) 44 Cal.4th 983, 1029; People v. Meyer (1963) 216 Cal.App.2d 618, 635.)

Page 4

Other Questions


How have the courts dealt with a motion of appeal against a judgment that found that a defendant has failed to file a supplemental brief to the Court on appeal? (California, United States of America)
How have the courts dealt with a motion of appeal against a judgment that found that defendant failed to provide a supplemental brief to the Court on appeal? (California, United States of America)
What are the grounds for appeal against the judgment of the Court of Appeal for failing to notify the appellant of a supplemental brief? (California, United States of America)
How has the court dealt with a notice of appeal against a judgment of no merit for failure to provide a supplemental brief? (California, United States of America)
How have the courts dealt with a motion to appeal against a finding that defendant has failed to file a supplemental brief on appeal? (California, United States of America)
How have the courts dealt with a notice of appeal from a judgment in the Superior Court of Appeal? (California, United States of America)
How have the courts dealt with a motion to appeal against a finding that a defendant has failed to file a supplemental brief on appeal? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, can the appellate court substitute its deductions for those of the trial court? (California, United States of America)
How has the Court of Appeal in Ontario dealt with appellant's claim that he was prejudiced by the error-strewn trial court? (California, United States of America)
What is the role of the Court of Appeal on an appeal where the superior court has found that the appellant did not have due process or a statement of decision? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.