Anders brief in Connecticut

2007On the basis of his review of all of the records of the underlying crime, Fox concluded that the claims of ineffective assistance of counsel against Hankins and Mastronardi were frivolous and without merit, and sought the court’s permission to withdraw as counsel pursuant to Anders v. California, supra, 386 U.S. 738 , and Franko v. Bronson, 19 Conn. App. 686 , 563 A.2d 1036 (1989). 20 Fox also represented that the petitioner had received notice of the Anders motion and had thirty days within which to respond in writing.

2007On the basis of his review of all of the records of the underlying crime, Fox concluded that the claims of ineffective assistance of counsel against Hankins and Mastronardi were frivolous and without merit, and sought the court’s permission to withdraw as counsel pursuant to Anders v. California, supra, 386 U.S. 738 , and Franko v. Bronson, 19 Conn. App. 686 , 563 A.2d 1036 (1989). 20 Fox also represented that the petitioner had received notice of the Anders motion and had thirty days within which to respond in writing.

2017Accordingly, we can perceive no reason why appointed counsel, having carefully reviewed the record for possible sentencing errors in light of the governing legal principles and determined that none exist, must then be required to file an Anders brief identifying anything in the record that might arguably support a countervailing view, or why the trial court should then be required to undertake a full and independent review of the record to determine whether it agrees *595 with defense counsel's assessment of the defendant's claimed sentencing error." (Citations omitted.) Id., at 265-66 , 140 A

2017Accordingly, we can perceive no reason why appointed counsel, having carefully reviewed the record for possible sentencing errors in light of the governing legal principles and determined that none exist, must then be required to file an Anders brief identifying anything in the record that might arguably support a countervailing view, or why the trial court should then be required to undertake a full and independent review of the record to determine whether it agrees *595 with defense counsel's assessment of the defendant's claimed sentencing error." (Citations omitted.) Id., at 265-66 , 140 A

2019D.A.G., 935 So. 2d 216 , 218-19 (La. App.) (Anders applies under federal constitution, as well as rules of court), review denied, 936 So. 2d 1278 (La. 2006); In re V.E., 417 Pa. Super. 68, 81, 83 , 611 A.2d 1267 (1992) (Anders applies under federal constitution); In re H.E., 312 Mont. 182, 186 , 59 P.3d 29 (2002) (Anders applies, but constitutional basis was unspecified); L.C. v. State, supra, 963 P.2d 763-66 (Anders applies under both Utah and federal constitutions).23 But see Denise H. v. Arizona Dept. of Economic Security, 193 Ariz. 257 , 259-60, 972 P.2d 241 (App. 1998) (indigent parent ha

2019D.A.G., 935 So. 2d 216 , 218-19 (La. App.) (Anders applies under federal constitution, as well as rules of court), review denied, 936 So. 2d 1278 (La. 2006); In re V.E., 417 Pa. Super. 68, 81, 83 , 611 A.2d 1267 (1992) (Anders applies under federal constitution); In re H.E., 312 Mont. 182, 186 , 59 P.3d 29 (2002) (Anders applies, but constitutional basis was unspecified); L.C. v. State, supra, 963 P.2d 763-66 (Anders applies under both Utah and federal constitutions).23 But see Denise H. v. Arizona Dept. of Economic Security, 193 Ariz. 257 , 259-60, 972 P.2d 241 (App. 1998) (indigent parent ha

2019D.A.G., 935 So. 2d 216 , 218-19 (La. App.) (Anders applies under federal constitution, as well as rules of court), review denied, 936 So. 2d 1278 (La. 2006); In re V.E., 417 Pa. Super. 68, 81, 83 , 611 A.2d 1267 (1992) (Anders applies under federal constitution); In re H.E., 312 Mont. 182, 186 , 59 P.3d 29 (2002) (Anders applies, but constitutional basis was unspecified); L.C. v. State, supra, 963 P.2d 763-66 (Anders applies under both Utah and federal constitutions).23 But see Denise H. v. Arizona Dept. of Economic Security, 193 Ariz. 257 , 259-60, 972 P.2d 241 (App. 1998) (indigent parent ha

2019Gregory C. v. Los Angeles County Dept. of Children’s Services, 519 U.S. 1081 , 117 S. Ct. 747 , 136 L. Ed. 2d 685 (1997); N.S.H. v. Florida Dept. of Children & Family Services, 843 So. 2d 898, 903 (Fla.) (same), cert. denied, 540 U.S. 950 , 124 S. Ct. 388 , 157 L. Ed. 2d 282 (2003).

2019Gregory C. v. Los Angeles County Dept. of Children’s Services, 519 U.S. 1081 , 117 S. Ct. 747 , 136 L. Ed. 2d 685 (1997); N.S.H. v. Florida Dept. of Children & Family Services, 843 So. 2d 898, 903 (Fla.) (same), cert. denied, 540 U.S. 950 , 124 S. Ct. 388 , 157 L. Ed. 2d 282 (2003).

2019D.A.G., 935 So. 2d 216 , 218-19 (La. App.) (Anders applies under federal constitution, as well as rules of court), review denied, 936 So. 2d 1278 (La. 2006); In re V.E., 417 Pa. Super. 68, 81, 83 , 611 A.2d 1267 (1992) (Anders applies under federal constitution); In re H.E., 312 Mont. 182, 186 , 59 P.3d 29 (2002) (Anders applies, but constitutional basis was unspecified); L.C. v. State, supra, 963 P.2d 763-66 (Anders applies under both Utah and federal constitutions).23 But see Denise H. v. Arizona Dept. of Economic Security, 193 Ariz. 257 , 259-60, 972 P.2d 241 (App. 1998) (indigent parent ha

2019D.A.G., 935 So. 2d 216 , 218-19 (La. App.) (Anders applies under federal constitution, as well as rules of court), review denied, 936 So. 2d 1278 (La. 2006); In re V.E., 417 Pa. Super. 68, 81, 83 , 611 A.2d 1267 (1992) (Anders applies under federal constitution); In re H.E., 312 Mont. 182, 186 , 59 P.3d 29 (2002) (Anders applies, but constitutional basis was unspecified); L.C. v. State, supra, 963 P.2d 763-66 (Anders applies under both Utah and federal constitutions).23 But see Denise H. v. Arizona Dept. of Economic Security, 193 Ariz. 257 , 259-60, 972 P.2d 241 (App. 1998) (indigent parent ha

2019D.A.G., 935 So. 2d 216 , 218-19 (La. App.) (Anders applies under federal constitution, as well as rules of court), review denied, 936 So. 2d 1278 (La. 2006); In re V.E., 417 Pa. Super. 68, 81, 83 , 611 A.2d 1267 (1992) (Anders applies under federal constitution); In re H.E., 312 Mont. 182, 186 , 59 P.3d 29 (2002) (Anders applies, but constitutional basis was unspecified); L.C. v. State, supra, 963 P.2d 763-66 (Anders applies under both Utah and federal constitutions).23 But see Denise H. v. Arizona Dept. of Economic Security, 193 Ariz. 257 , 259-60, 972 P.2d 241 (App. 1998) (indigent parent ha

2019D.A.G., 935 So. 2d 216 , 218-19 (La. App.) (Anders applies under federal constitution, as well as rules of court), review denied, 936 So. 2d 1278 (La. 2006); In re V.E., 417 Pa. Super. 68, 81, 83 , 611 A.2d 1267 (1992) (Anders applies under federal constitution); In re H.E., 312 Mont. 182, 186 , 59 P.3d 29 (2002) (Anders applies, but constitutional basis was unspecified); L.C. v. State, supra, 963 P.2d 763-66 (Anders applies under both Utah and federal constitutions).23 But see Denise H. v. Arizona Dept. of Economic Security, 193 Ariz. 257 , 259-60, 972 P.2d 241 (App. 1998) (indigent parent ha

2019D.A.G., 935 So. 2d 216 , 218-19 (La. App.) (Anders applies under federal constitution, as well as rules of court), review denied, 936 So. 2d 1278 (La. 2006); In re V.E., 417 Pa. Super. 68, 81, 83 , 611 A.2d 1267 (1992) (Anders applies under federal constitution); In re H.E., 312 Mont. 182, 186 , 59 P.3d 29 (2002) (Anders applies, but constitutional basis was unspecified); L.C. v. State, supra, 963 P.2d 763-66 (Anders applies under both Utah and federal constitutions).23 But see Denise H. v. Arizona Dept. of Economic Security, 193 Ariz. 257 , 259-60, 972 P.2d 241 (App. 1998) (indigent parent ha

2019Gregory C. v. Los Angeles County Dept. of Children’s Services, 519 U.S. 1081 , 117 S. Ct. 747 , 136 L. Ed. 2d 685 (1997); N.S.H. v. Florida Dept. of Children & Family Services, 843 So. 2d 898, 903 (Fla.) (same), cert. denied, 540 U.S. 950 , 124 S. Ct. 388 , 157 L. Ed. 2d 282 (2003).

2019Gregory C. v. Los Angeles County Dept. of Children’s Services, 519 U.S. 1081 , 117 S. Ct. 747 , 136 L. Ed. 2d 685 (1997); N.S.H. v. Florida Dept. of Children & Family Services, 843 So. 2d 898, 903 (Fla.) (same), cert. denied, 540 U.S. 950 , 124 S. Ct. 388 , 157 L. Ed. 2d 282 (2003).

2016Suffice it to say that we do not believe that the potential benefits of requiring the Anders procedure in the present context outweigh the costs, most notable among them being delays that inevitably would occur in the adjudication of a motion intended "to provide prompt, direct access to an uncomplicated legal process for correcting the occasional erroneous or illegal sentence." Gaddie v. State, 566 N.E.2d 535 , 537 (Ind.1991) ; see, e.g., United States ex rel.

2016Accordingly, we can perceive no reason why appointed counsel, having carefully reviewed the record for possible sentencing errors in light of governing legal principles and determined that none exist, must then be required to file an Anders brief identifying anything in the record that might arguably support a countervailing view, or why the trial court should then be required to undertake a full and independent review of the record to determine whether it agrees with defense counsel's assessment of the defendant's claimed sentencing error. 9 In reaching our conclusion, we are also mindful tha

2016Accordingly, we can perceive no reason why appointed counsel, having carefully reviewed the record for possible sentencing errors in light of governing legal principles and determined that none exist, must then be required to file an Anders brief identifying anything in the record that might arguably support a countervailing view, or why the trial court should then be required to undertake a full and independent review of the record to determine whether it agrees with defense counsel's assessment of the defendant's claimed sentencing error. 9 In reaching our conclusion, we are also mindful tha

2013In support of his claim in this court, the petitioner relies on In re May, 153 N.C.

2009In State v. Pascucci, 161 *464 Conn. 382, 385-86, 288 A.2d 408 (1971), our Supreme Court stated: “[T]he United States Supreme Court in Anders v. California, [supra, 386 U.S. 738 ], outlined the procedure which it held was constitutionally required in such circumstances to assure to indigent defendants substantial equality and fair process on appeal. ...

2009The appeal is dismissed. 1 See North Carolina v. Alford, 400 U.S. 25 , 91 S. Ct. 160 , 27 L.

2009The appeal is dismissed. 1 See North Carolina v. Alford, 400 U.S. 25 , 91 S. Ct. 160 , 27 L.

2009Specifically, habeas counsel maintained that under Mabry v. Johnson, 467 U.S. 504 , 104 S. Ct. 2543 , 81 L.

2009Specifically, habeas counsel maintained that under Mabry v. Johnson, 467 U.S. 504 , 104 S. Ct. 2543 , 81 L.

2007I hope they can forgive me some day.” 20 Subsequent to the date Fox filed the Anders motion, this court modified some of the Franko procedures in Vazquez v. Commissioner of Correction, 88 Conn. App. 226 , 869 A.2d 234 (2005).

2007I hope they can forgive me some day.” 20 Subsequent to the date Fox filed the Anders motion, this court modified some of the Franko procedures in Vazquez v. Commissioner of Correction, 88 Conn. App. 226 , 869 A.2d 234 (2005).

2007If the record is inadequate for review, it is inadequate for plain error consideration. 5 In the context of the Anders motion, the third issue involved the alleged ineffective assistance of Gary A. Mastronardi, private counsel the petitioner retained subsequent to arraignment, as well as Pox’ assessment of the validity of the petitioner’s guilty plea. 6 The respondent also argues that we should be guided by its argument in Coleman v. Commissioner, 99 Conn. App. 310 , 913 A.2d 477 , cert. denied, *670 281 Conn. 924 , 918 A.2d 275 (2007); see also Coleman v. Commissioner of Correction, 274 Conn.

2007If the record is inadequate for review, it is inadequate for plain error consideration. 5 In the context of the Anders motion, the third issue involved the alleged ineffective assistance of Gary A. Mastronardi, private counsel the petitioner retained subsequent to arraignment, as well as Pox’ assessment of the validity of the petitioner’s guilty plea. 6 The respondent also argues that we should be guided by its argument in Coleman v. Commissioner, 99 Conn. App. 310 , 913 A.2d 477 , cert. denied, *670 281 Conn. 924 , 918 A.2d 275 (2007); see also Coleman v. Commissioner of Correction, 274 Conn.

2007Those procedural changes do not affect this case. 21 Habeas corpus proceedings are civil in nature; Collins v. York, 159 Conn. 150, 153 , 267 A.2d 668 (1970); and the petitioner has no constitutional right to a jury trial. 22 Prior to the canvass, the prosecutor provided the trial court with the following factual basis for the murder charge against the petitioner. “[T]his incident, as the [court] clerk indicated, took place on the thirtieth of March of the year 2000 at approximately quarter to ten in the evening.

2007Those procedural changes do not affect this case. 21 Habeas corpus proceedings are civil in nature; Collins v. York, 159 Conn. 150, 153 , 267 A.2d 668 (1970); and the petitioner has no constitutional right to a jury trial. 22 Prior to the canvass, the prosecutor provided the trial court with the following factual basis for the murder charge against the petitioner. “[T]his incident, as the [court] clerk indicated, took place on the thirtieth of March of the year 2000 at approximately quarter to ten in the evening.

2007If the record is inadequate for review, it is inadequate for plain error consideration. 5 In the context of the Anders motion, the third issue involved the alleged ineffective assistance of Gary A. Mastronardi, private counsel the petitioner retained subsequent to arraignment, as well as Pox’ assessment of the validity of the petitioner’s guilty plea. 6 The respondent also argues that we should be guided by its argument in Coleman v. Commissioner, 99 Conn. App. 310 , 913 A.2d 477 , cert. denied, *670 281 Conn. 924 , 918 A.2d 275 (2007); see also Coleman v. Commissioner of Correction, 274 Conn.

2007If the record is inadequate for review, it is inadequate for plain error consideration. 5 In the context of the Anders motion, the third issue involved the alleged ineffective assistance of Gary A. Mastronardi, private counsel the petitioner retained subsequent to arraignment, as well as Pox’ assessment of the validity of the petitioner’s guilty plea. 6 The respondent also argues that we should be guided by its argument in Coleman v. Commissioner, 99 Conn. App. 310 , 913 A.2d 477 , cert. denied, *670 281 Conn. 924 , 918 A.2d 275 (2007); see also Coleman v. Commissioner of Correction, 274 Conn.

2005In light of our Supreme Court’s decisions in Simms v. Warden, 229 Conn. 178, 188 , 640 A.2d 601 (1994), and Simms v. Warden, 230 Conn. 608 , 646 A.2d 126 (1994), some of the procedures that we established in Franko are no longer viable, and, therefore, we take this opportunity to clarify the appropriate procedures for the Superior Court to follow when considering an Anders brief in a habeas appeal.

2005In light of our Supreme Court’s decisions in Simms v. Warden, 229 Conn. 178, 188 , 640 A.2d 601 (1994), and Simms v. Warden, 230 Conn. 608 , 646 A.2d 126 (1994), some of the procedures that we established in Franko are no longer viable, and, therefore, we take this opportunity to clarify the appropriate procedures for the Superior Court to follow when considering an Anders brief in a habeas appeal.

2005In light of our Supreme Court’s decisions in Simms v. Warden, 229 Conn. 178, 188 , 640 A.2d 601 (1994), and Simms v. Warden, 230 Conn. 608 , 646 A.2d 126 (1994), some of the procedures that we established in Franko are no longer viable, and, therefore, we take this opportunity to clarify the appropriate procedures for the Superior Court to follow when considering an Anders brief in a habeas appeal.

2005In light of our Supreme Court’s decisions in Simms v. Warden, 229 Conn. 178, 188 , 640 A.2d 601 (1994), and Simms v. Warden, 230 Conn. 608 , 646 A.2d 126 (1994), some of the procedures that we established in Franko are no longer viable, and, therefore, we take this opportunity to clarify the appropriate procedures for the Superior Court to follow when considering an Anders brief in a habeas appeal.