Legal Question in Appeals and Writs in California
if your county appellate court attorney finds no issues, who has to file the petition for state appeal?
Asked on 10/20/14, 10:12 am
2 Answers from Attorneys
Anthony Roach
Law Office of Anthony A. Roach
It depends on what your appellate attorney was appointed to do. It sounds as though you had an appointed counsel for either an appeal from a criminal case, or a dependency court case and your attorney filed a "Wende" brief.
Answered on 10/20/14, 8:01 pm
Zadik Shapiro
Law Offices of C. Zadik Shapiro
If the attorney filed a Wende brief, you have the right, within a limited period of time to file a brief. You may raise any issues you want in your brief. But you should note that the court will only grant your appeal if it is based on the facts that were raised at trial and generally it has to be an issue of law and not of fact.
Answered on 10/20/14, 8:34 pm