On June 8, 2005, the California Supreme Court granted review in People v. Kelly, which raises an interesting issue concerning no-issue opinions -- cases where the attorney files a brief stating he or she found no appealable issues and asking the Court itself to take another look. The federal case is Anders v. California and its California version is People v. Wende (1979) 25 Cal.3d 436
The issue in Kelly concerns a rare situation, where the client actually exercises his or her right to submit a supplemental brief. In Kelly, despite the supplemental brief from client, the Sixth District Court of Appeal in San Jose issued a pretty standard Wende denial, without acknowledging the client's pro se supplemental brief. The Supreme Court granted review on the following issues: (1) Does the California Constitutional requirement that criminal appeals shall be disposed of by a written opinion, with reasons stated, apply with equal force when a Wende brief is filed; (2) Did the Court of Appeals' opinion satisfy whatever constitutional standard for the form of opinion that the Supreme Court comes up with?
The issue of interest to me because I got a Sixth District Wende appeal, where the client chose to submit a letter brief. Depending on the form of the court of appeals' opinion (which is due in a couple of days), I may be getting my first review grant.
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