What is the scope of our search in the context of appellant's application for leave of execution?
California, United States of America
The following excerpt is from People v. Smith, G054879 (Cal. App. 2018):
Under the law, this put the onus on us to review the record and see if we could find any issues that might result in some kind of amelioration of appellant's lot. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) It should be emphasized that our search was not for issues upon which appellant would prevail, but only issues upon which he might possibly prevail. The result of that search is set out below.
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