Is there an arguable issue in a motion where a defendant's attorney has been found to have made errors in the record?

California, United States of America


The following excerpt is from People v. Gallo, 271 Cal.Rptr.3d 564, 57 Cal.App.5th 594 (Cal. App. 2020):

Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, 51 Cal.Rptr.3d 98, 146 P.3d 547, we have independently reviewed the record for potential error. We are satisfied that defendant's attorney has fully complied with the responsibilities of counsel and no arguable issue exists. ( Id. at p. 126, 51 Cal.Rptr.3d 98, 146 P.3d 547 ; Wende, supra , 25 Cal.3rd at pp. 441-442, 158 Cal.Rptr. 839, 600 P.2d 1071.)

Other Questions


Can a defendant personally raise the issue of ineffective assistance of counsel by bringing a motion to discharge his attorney and appoint a new attorney? (California, United States of America)
Does the Defendant have any grounds to argue that it was error to deny the Defendant's motion to dismiss the Motion to Dismiss under section 995 of the Penal Code? (California, United States of America)
What is the impact of a motion to amend a motion in the Superior Court of Appeal against a motion by a defendant who alleges that the motion was improperly adjourned? (California, United States of America)
On a motion to strike from the criminal record of a defendant who was convicted of sexual assault, can the motion be struck from a criminal record? (California, United States of America)
Is there any case law where a defendant's attorney has fully complied with his responsibilities and no arguable issues exist? (California, United States of America)
Does the Attorney General's error in instructing a jury to convict a defendant of embezzling a vehicle constitute a harmless error? (California, United States of America)
Does the Attorney General's assertion that a denial of a motion on appeal by defendants on appeal violate their right to appeal against the denial of their motion violate their due process? (California, United States of America)
Is a motion for attorney fees required to issue a statement of decision addressing disputed legal and factual issues? (California, United States of America)
Is there any case law where a defendant's attorney has fully complied with her responsibilities and no arguable issues exist? (California, United States of America)
What are the consequences of a court finding that a motion brought by Attorney Defendants against Defendant Kendall was "frivolous and/or intended to harass"? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.