Saturday, October 31, 2009

Does anyone have a sample or description of an "Ander's Brief"?

Maybe a memorandum, a description of what is included? etc.

Having a hard time locating it online. I'm getting nothing but decisions.

Thanks!
Answer:
http://www.ca7.uscourts.gov/rules/briefe...

http://www.ca7.uscourts.gov/rules/briefe...
Like a "Pelican Brief"...it's a really SMALL tighty whitey!
Will this help you? When you click on the link below, once the page is open, you can click on parts of the blue cover.
An Anders brief is what you file when your client demands you to file an appeal even though you already know that all the possible arguments you could raise are frivolous. Like when they got caught red-handed but insist they didn't do it. You do it because it is your duty, but the court knows you have an _____ for a client.

Having said that, that is the usual. Note that sometimes the client is correct that there is a ground for appeal but the lawyer doesn't want to assert it. The courts do read them.
Actually it needs to say that you have reviewed the record and, as an officer of the court, can find no issues of merit to raise on your client's behalf. Before you file it, double check all the rulings on the objections at trial as well as the elements and how the evidence matched up. Only file it if there is absolutely no good-faith argument you can make on any issue.

No comments:

Post a Comment

 


Do you think © 2008. Design by: Pocket Web Hosting

vc .net