How have appellate counsel responded to a request to review the record for error?

California, United States of America


The following excerpt is from People v. Ballardo, D075226 (Cal. App. 2019):

As we have noted, appellate counsel has filed a brief pursuant to Wende, supra, 25 Cal.3d 436, asking this court to review the record for error. Although counsel cites to Anders v. California (1967) 386 U.S. 738 (Anders), counsel refuses to identify any issues he has considered in order to comply with Anders and to assist this court in its review of the record. Counsel opines that his client is better off if we review the record "unfettered" by his identification of possible issues. We assume that comment arises from his suspicion the court would limit its review to any issues counsel identifies and not do its mandated duty to review the entire record. There is no basis for such cynical refusal to follow the spirit of Anders, but we cannot let our displeasure with counsel's position interfere with our review of the client's record.

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