What is the current state of the law on the duty of counsel to refer counsel to a portion of the record supporting their contentions on appeal?

California, United States of America

The following excerpt is from White v. City of L. A., B264675 (Cal. App. 2017):

internal quotes omitted]; Schmidlin v. City of Palo Alto (2007) 157 Cal.App.4th 728, 738 ["It is the duty of counsel to refer us to the portion of the record supporting his contentions on appeal ... . It is neither practical nor appropriate for us to comb the record on [the appellant's] behalf," brackets in original, internal quotes omitted].) "The claimed existence of facts that are not supported by citations to pages in the appellate record, or not appropriately supported by citations, cannot be considered by this court." (Mueller v. County of Los Angeles (2009) 176 Cal.App.4th 809, 816, fn. 5.)

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

After defendant's trial counsel filed a notice of appeal against his conviction for possessing pornographic material, what is the current state of the law on the issue? (California, United States of America)

What is the current state of the law in the context of the Court of Appeal's "tactical considerations" in deciding whether or not to second guessing tactical decisions reached by counsel? (California, United States of America)

Is there any case law that supports the argument that a search warrant obtained from a cell phone records and other data extracted from the phone records is sufficient to support the claim that the search warrant is invalid? (California, United States of America)

Is appellant's contention that there is insufficient evidence to support his claim of innocence on appeal cognizable on appeal? (California, United States of America)

What is the duty of counsel to cite a citation in the record to support a claim on appeal? (California, United States of America)

Can a judge appeal a finding that appointed counsel fulfilled his obligation to counsel on appeal? (California, United States of America)

Does Counsel's statements imply that Counsel never stated whether a witness's statement was made in connection with the matter on which counsel represented her? (California, United States of America)

What is the record of the appellant's appeal against a finding that counsel provided ineffective assistance and ineffective assistance to counsel? (California, United States of America)

If counsel discovered that the burglary had been reduced to a misdemeanor, and lodged an objection below, would counsel have discovered that counsel had discovered that Counsel had discovered it was a misdemeanor? (California, United States of America)

What is the effect of the Court of Appeal's notice of appeal stating that the appeal is from the judgment and sentence? (California, United States of America)

What is the current state of the law on the duty of counsel to refer counsel to a portion of the record supporting their contentions on appeal?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources