Wende/Delgadillo Briefs
Always obtain approval from CAP before filing a Wende/Delgadillo brief. CAP will need to review the record and the draft AOB first. CAP requests that attorneys use the suggested language in our sample Wende/Delgadillo briefs for the applicable law in the argument section as well as the attorney declaration.
Things to include when seeking a Wende/Delgadillo review of your case:
- A draft of your brief that includes the statements of case and facts.
- A brief analysis of issues you considered prior to preparing a no-merits brief.
- The transcripts in the case. **If CAP does not already have an electronic copy, please send the record to our office for review.
- The current AOB filing deadline and whether a request for an extension of time has been or will be filed with the Court.
Given the current high volume of cases, please allow at least 10 days for the review to be completed.
Abandonment/Voluntary Dismissal
CAP requests to review the record and give approval before an independent attorney files a request to abandon/voluntarily dismiss the appeal. Thereafter it is recommended that the client and the attorney both sign any abandonment form submitted to the Court of Appeal.