Is there any case law in which a defendant has been ordered to produce a personal brief to support his claim for damages?

California, United States of America


The following excerpt is from People v. Holmes, E076174 (Cal. App. 2021):

Defendant's counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S 738, setting forth statements of the case and facts. Counsel suggests three potentially arguable issues: (i) whether the victim waived her right to restitution when she failed to appear in response to subpoenas; (ii) whether the court erred when it sustained the People's objection to defense counsel's efforts to impeach her testimony given at the preliminary hearing on the underlying offense and, if so, whether defendant was prejudiced; and (iii) whether the prosecutor has a professional responsibility to ensure the victim's claim of lost wages is truthful. Counsel also requested this court to undertake a review of the entire record.

We offered defendant an opportunity to file a personal supplemental brief, which he has not done.

Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have conducted an independent review of the record and find no arguable issues.

Page 4

The judgment is affirmed.

Other Questions


Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
Is a claim for damages brought by defendant in a personal injury action brought by plaintiff against defendant in the Superior Court of Appeal against Defendant in a civil case? (California, United States of America)
Is there any case law supporting a cause of action that supports a claim for damages against a person who is injured in a motor vehicle accident? (California, United States of America)
Is there sufficient evidence to support a claim for lost income capacity damages in a case where the claim is for damages from a private practice that a plaintiff never opened? (California, United States of America)
What is the evidence that supports a claim that the evidence supports the claim? (California, United States of America)
Does the Attorney General's claim that Defendant has "waived" a claim that the Defendant has failed to object to the victim's restitution award? (California, United States of America)
Can a claimant bring a claim for damages against a public entity under section 946.6 of the California Claims Act for failing to act on a timely claim? (California, United States of America)
Can a plaintiff bring a claim for money against a governmental entity for personal injury, death, or damage to personal property or crops? (California, United States of America)
Is there an arguable issue in an order requiring an attorney to produce an affidavit in support of a motion to obtain an interim order for Palacio? (California, United States of America)
Under what circumstances will a plaintiff be able to claim damages from a defendant who is not a defendant? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.