Marks v. Superior Court

Opinion

BROWN, J.

Appeal from a judgment of death is automatic. (Pen. Code, § 1239, subd. (b).) If, as in most cases, the defendant is indigent, this court will appoint counsel to prosecute the appeal. (Id., § 1240.1.) Until 1998, appointed counsel’s obligations also included “a duty to investigate factual and legal grounds for the filing of a petition for writ of habeas corpus.” (Cal. Supreme Ct., Policies Regarding Cases Arising from Judgments of Death, policy 3, former std. 1-1; see In re Sanders (1999) 21 Cal.4th 697, 717-718 [87 Cal.Rptr.2d 899, 981 P.2d 1038]; see also In re Anderson…