Legal Opinion

Morris v. Superior Court of San Bernardino Cnty.

California Court of Appeal, 5th District

Decided November 21, 2017No. E066330PublishedCited by 2 opinions

1Opinion of the CourtRamirez, P. J.

*640California Rules of Court, rule 8.851(a) (rule 8.851 ), which applies in the appellate division of a superior court, only authorizes appointment of counsel on appeal for defendants who have been "convicted of a misdemeanor." Consequently, it does not require the appellate division to appoint counsel for a defendant who is acting as the respondent on an appeal by the People from an order suppressing evidence under Penal Code section 1538.5.

In this petition, Phyllis K. Morris, in her capacity as the Public Defender for the County of San Bernardino, argues the United States Constitution…

2Cases cited32 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Anders v. CaliforniaSupreme Court of the United States · 1967
  3. Johnson v. ZerbstSupreme Court of the United States · 1938
  4. Gideon v. WainwrightSupreme Court of the United States · 1963
  5. Gideon v. WainwrightSupreme Court of the United States · 1963

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3Cited by2 opinions

  1. Gardner v. Appellate Div. of the Superior CourtCalifornia Supreme Court · 2019
  2. Gardner v. Super. Ct.California Court of Appeal · 2019

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