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eBook details

• Title: In Re Nash
• Author : Supreme Court Of California
• Release Date : January 02, 1964
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 52 KB

Description

A jury found petitioner guilty of forcible rape (Pen. Code, § 261, subd. 3), and the trial court denied his motion for a new trial and sentenced him to prison. He appealed and requested that the District Court of Appeal for the Third Appellate District appoint counsel to represent him. That court appointed counsel who studied the record, consulted with petitioner, and interviewed petitioner's trial counsel and the trial court clerk and reporter. He then wrote to the appellate court and to petitioner stating that in his opinion there were no meritorious grounds of appeal. The appellate court also informed petitioner of his counsel's determination and advised him that he might file a brief in propria persona. It denied his request for the appointment of other counsel on appeal. Thereafter petitioner filed an opening brief, the Attorney General filed a reply brief, and petitioner filed a closing brief. He wrote the counsel who had been appointed to represent him on appeal and requested that he file a supplemental brief and argue the appeal orally. Counsel refused his requests, and the appeal was submitted without oral argument by either side. The appellate court affirmed the judgment (People v. Nash, 216 Cal. App. 2d 491 [31 Cal. Rptr. 195]) and denied a rehearing. This court denied a hearing. Petitioner then sought a writ of certiorari from the United States Supreme Court, and that court requested the Attorney General to file a response in the light of

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