News, Tips, and Resources for appellate practice in the Fourth Appellate District.

Marsden Transcripts
Division Two: Attach written notice of Marsden issue to AOB. Division Two reminds appellants’ counsel that it requires them, when applicable, to file with their opening brief a written notice that the brief raises a Marsden issue. (People v. Marsden (1970) 2 Cal.3d 118 [motion to remove appointed counsel because of failure to provide effective assistance].) This enables the court to transmit the Marsden transcript to the respondent without the necessity of a written application under rule 8.328(b)(5).

Important caveat to counsel
Because Marsden transcripts may contain confidential materials not appropriate for disclosure to the prosecution, they are not sent to the Attorney General unless a Marsden issue is raised on appeal. If the transcript contains sensitive matters not relevant to the Marsden issue, the defendant’s counsel must file a written notice to that effect with the opening brief. (Rule 8.328(b)(4).) The Attorney General may then apply for a redacted copy of the transcript. (Rule 8.328(b)(5).) Counsel should be alert for such confidential matters and file a protective notice when necessary.