In a personal injury action, in what circumstances will counsel be required to brief the appellate court on the same issues?

California, United States of America


The following excerpt is from People v. Hopkins, B246160 (Cal. App. 2013):

In any event, under People v. Wende (1979) 25 Cal.3d 436 (Wende), counsel has properly performed his duties. Wende states that the appellate court must perform its own review of the record in a case in which appointed counsel raises no specific issues. (Id. at p. 441.) If this court were to find an arguable issue among the issues raised by defendant or elsewhere in the record, we "should inform counsel for both sides and provide them an opportunity to brief and argue the point." (Id. at p. 442, fn. 3.) This is the proper procedure. Had we found any of defendant's issues arguable, appellate counsel would have briefed them for the court. Therefore, defendant has suffered no prejudice.

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