At The Lectern by Horvitz & Levy

Wende extension opinion filing Monday

On Monday morning, the Supreme Court will file its opinion in People v. Delgadillo.  (Briefs here; oral argument video here.)

This will be the second of only three opinions for cases argued in October. The other opinion should file by December 29.

When it granted review in Delgadillo in February 2021, the court limited the issues to: “What procedures must appointed counsel and the Courts of Appeal follow when counsel determines that an appeal from an order denying postconviction relief lacks arguable merit? Are defendants entitled to notice of these procedures?” (Emphasis added.) Currently, under People v. Wende (1979) 25 Cal.3d 436, an attorney’s no-merit determination in an appeal from a conviction requires the appellate court to itself review the entire record to verify the appeal is frivolous.

The opinion can be viewed Monday starting at 10:00 a.m.