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Anders brief

Spanish translation: moción para que el abogado retire un recurso sin fundamentos de derecho

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:Anders brief
Spanish translation:moción para que el abogado retire un recurso sin fundamentos de derecho
Entered by: Alicia Jordá
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20:53 Dec 23, 2003
English to Spanish translations [PRO]
Law/Patents
English term or phrase: Anders brief
counsel hass attached an Anders brief and appendix
Paul García
United States
Local time: 11:36
recurso de apelación poco formal
Explanation:
As Ruth says,an Anders brief is a frivolous appeal, so the possible translation could be this one.


Appellate counsel files Anders brief; judgment modified to require placement of thumbprint on judgment [In re R.W.G.] (03-2-14)
On March 27, 2003, the Fort Worth Court of Appeals affirmed a judgment while considering all of the arguable grounds of error alleged in the Anders (frivolous appeal) brief. Included in that brief was the claim that the trial judge erred in not requiring the placement of respondent’s thumbprint on the judgment. The Court of Appeals accepted that claim and ordered that the thumbprint be placed on the judgment.


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Note added at 2003-12-24 00:51:42 (GMT)
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Moción para que el abogado se retire de un caso por presentar un recurso de apelación poco formal

Defendant\'s appointed counsel, David William Rogers, was unable to identify any issue with sufficient merit to support a meaningful argument for relief on appeal, and has filed an Anders brief asking this Court to conduct its own review of the record for possible prejudicial error. Counsel has advised Defendant of his right to file written arguments with this Court and has provided Defendant with the documents necessary for him to do so.

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Note added at 2003-12-24 00:53:50 (GMT)
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http://www.aoc.state.nc.us/www/public/coa/opinions/1998/9804...

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Note added at 2003-12-24 01:02:38 (GMT)
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también moción para que el abogado retire un recurso sin fundamentos de derecho - issue with sufficient merit to support a meaningful argument for relief on appeal-
Selected response from:

Alicia Jordá
Local time: 17:36
Grading comment
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +2an explanation, not a translation: a motion to withdraw from a frivolous caseRefugio
5una moción
AtEnEa
5 -1informe AnderEILEEN LYNCH
4 -1recurso de apelación poco formal
Alicia Jordá


  

Answers


33 mins   confidence: Answerer confidence 5/5 peer agreement (net): -1
informe Ander


Explanation:
Ander's brief es un informe, y Ander es un nombre por lo tanto no se traduce. El ' es posesivo en inglés como ya sabe.

EILEEN LYNCH
Local time: 10:36
Native speaker of: Native in EnglishEnglish, Native in SpanishSpanish
PRO pts in pair: 151

Peer comments on this answer (and responses from the answerer)
disagree  Refugio: There is no apostrophe and it is not possessive.
1 hr
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38 mins   confidence: Answerer confidence 5/5 peer agreement (net): +2
an explanation, not a translation: a motion to withdraw from a frivolous case


Explanation:
+

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Note added at 2003-12-23 23:10:11 (GMT)
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una peticion del abogado para retirarse

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Note added at 2003-12-23 23:16:42 (GMT)
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Why did you send me a Motion to Withdraw?
Attorneys are not allowed to file documents that they think are legally “frivolous”. Rules of Professional Conduct 3.1
If, after I read through the entire case and meet with you, I cannot find an appellate issue that isn’t frivolous, I am required to ask the Court to let me withdraw from the case.
The process for filing this kind of motion was established by the U.S. Supreme Court in Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.E.2d 493 (1967).

What do you mean by “frivolous”?
This is not an easy question. The U.S. Supreme Court refers to “arguments that cannot conceivably persuade the court”. McCoy vs. Court Appeals Wisconsin, 86 U.S. 429, 108 S. Ct. 1895, 100 L. Ed. 2d 440 (1988).
Frivolous does not mean that I agree with the judge’s decision, jury’s verdict or that I agree with the sentence. I have to put those opinions aside. The appellate courts do not overrule the jury’s decision. They rarely overrule trial judges. They decide whether there were mistakes in the trial that make the judge or jury’s decision unreliable.
Frivolous means more than that the issue would likely lose. Most criminal appeals don’t succeed. And an attorney is allowed to make good faith arguments for an extension, modification, or reversal of existing law. It means that I cannot make an argument, in good faith, based on the merits of your case or make an argument in good faith that the law should be changed.

Is this Different Because You are a Special Public Defender, not a Private Attorney?
No, the same rules of professional conduct apply to both private counsel and public defenders.

Did you File a Motion to Withdraw Because it was Easier than Filing an Appellate Brief?
No, Anders briefs are much more work than a normal appellate brief. A normal brief raises and discusses between one and three issues. An Anders brief has to mention all of the possible issues in the case, which is much more work to describe and research.

Why do You have to Tell the Court about the Weaknesses in my Case?
The U.S. Supreme Court and the Connecticut Rules require me to. The purpose of the Anders memorandum (sometimes called an Anders brief) is to tell the appellate courts and the trial court that I have adequately reviewed your case. “To satisfy federal constitutional concerns, an appellate court faces two interrelated tasks as it rules on counsel\'s motion to withdraw. First, it must satisfy itself that the attorney has provided the client with a diligent and thorough search of the record for any arguable claim that might support the client\'s appeal. Second it must determine whether counsel has correctly concluded that the appeal is frivolous. Because the mere statement of such a conclusion by counsel in Anders was insufficient to allow the court to make the required determinations, we held that the attorney was required to submit for the court\'s consideration references to anything in the record that might arguably support the appeal.” McCoy vs. Court Appeals Wisconsin, 86 U.S. 429, 108 S. Ct. 1895, 100 L. Ed. 2d 440 (1988)


Refugio
Local time: 08:36
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 2313

Peer comments on this answer (and responses from the answerer)
agree  Paul Bousquet: Exactly. An appellate court can permit withdrawal of counsel who concludes appeal would be frivolous.
1 hr
  -> Thank you, Paul

agree  Edward Lum
2 hrs
  -> Thank you, Edward
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1 hr   confidence: Answerer confidence 5/5
una moción


Explanation:
.

AtEnEa
Local time: 17:36
Native speaker of: Native in SpanishSpanish
PRO pts in pair: 37
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3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
recurso de apelación poco formal


Explanation:
As Ruth says,an Anders brief is a frivolous appeal, so the possible translation could be this one.


Appellate counsel files Anders brief; judgment modified to require placement of thumbprint on judgment [In re R.W.G.] (03-2-14)
On March 27, 2003, the Fort Worth Court of Appeals affirmed a judgment while considering all of the arguable grounds of error alleged in the Anders (frivolous appeal) brief. Included in that brief was the claim that the trial judge erred in not requiring the placement of respondent’s thumbprint on the judgment. The Court of Appeals accepted that claim and ordered that the thumbprint be placed on the judgment.


--------------------------------------------------
Note added at 2003-12-24 00:51:42 (GMT)
--------------------------------------------------

Moción para que el abogado se retire de un caso por presentar un recurso de apelación poco formal

Defendant\'s appointed counsel, David William Rogers, was unable to identify any issue with sufficient merit to support a meaningful argument for relief on appeal, and has filed an Anders brief asking this Court to conduct its own review of the record for possible prejudicial error. Counsel has advised Defendant of his right to file written arguments with this Court and has provided Defendant with the documents necessary for him to do so.

--------------------------------------------------
Note added at 2003-12-24 00:53:50 (GMT)
--------------------------------------------------

http://www.aoc.state.nc.us/www/public/coa/opinions/1998/9804...

--------------------------------------------------
Note added at 2003-12-24 01:02:38 (GMT)
--------------------------------------------------

también moción para que el abogado retire un recurso sin fundamentos de derecho - issue with sufficient merit to support a meaningful argument for relief on appeal-


    Reference: http://www.tjpc.state.tx.us/publications/reviews/03/03-2-14....
Alicia Jordá
Local time: 17:36
Native speaker of: Spanish
PRO pts in pair: 1854

Peer comments on this answer (and responses from the answerer)
disagree  Refugio: No, an Anders brief is not a frivolous appeal, but a lawyer's petition to withdraw from a frivolous appeal.
11 mins
  -> Sorry, Ruth, I meant to say everything but I just left one part, regards!
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