NINTH CIRCUIT CAPITAL PUNISHMENT HANDBOOK - 2006
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Chapter 1: Capital Punishment Handbook: Constitutionality And Other General Considerations

        1.19 Frivolous And Nonfrivolous Appeals


NINTH CIRCUIT CAPITAL PUNISHMENT HANDBOOK - 2006

1.19 Frivolous And Non-Frivolous Appeals

NCJIC Materials Related To This Issue:

295.1.2.3 "No Merit" Briefs: Anders/Wende

Supreme Court:

Smith v. Robbins, 528 U.S. 259 (2000) (holding that California’s procedure–allowing appellate counsel, when they find only frivolous appellate issues, to submit letter briefs stating that counsel found no issues but asking the court to independently search the record–does not violate the Fourteenth Amendment).

Anders v. California, 386 U.S. 738 (1967) (holding that counsel appointed for direct review must either file appeal or submit brief in some detail showing that no nonfrivolous appellate issues exist).