State v. Causey, No. 68624

CourtUnited States State Supreme Court of Florida
Writing for the CourtKOGAN; McDONALD
Citation12 Fla. L. Weekly 111,503 So.2d 321
Decision Date26 February 1987
Docket NumberNo. 68624
Parties12 Fla. L. Weekly 111 STATE of Florida, Petitioner, v. Brenda CAUSEY, Respondent.

Page 321

503 So.2d 321
12 Fla. L. Weekly 111
STATE of Florida, Petitioner,
v.
Brenda CAUSEY, Respondent.
No. 68624.
Supreme Court of Florida.
Feb. 26, 1987.

Robert A. Butterworth, Jr., Atty. Gen., and Patricia Conners, Asst. Atty. Gen., Tallahassee, for petitioner.

Page 322

Michael E. Allen, Public Defender, Second Judicial Circuit, and Kenneth L. Hosford, Asst. Public Defender, Tallahassee, for respondent.

KOGAN, Justice.

The First District Court of Appeal has certified the following question as being one of great public importance:

Does the language of Anders v. California, 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493] (1967) stating: "If [the court] finds any of the legal points arguable on their merits (and therefore not frivolous) it must, prior to decision, afford the indigent the assistance of counsel to argue the appeal" require that the parties be allowed to submit appellate briefs regarding the meritorious legal points prior to decision?

Causey v. State, 484 So.2d 1263, 1265 (Fla. 1st DCA 1986). This Court has jurisdiction pursuant to article V, section 3(b)(4), Florida Constitution. We answer the question in the affirmative and quash the opinion of the district court.

Brenda Causey was convicted of arson after her boyfriend's rented house burned. Following the conviction, her court-appointed counsel filed a brief pursuant to Anders v. California, stating that she could not make any good faith arguments to support reversible error. Causey did not file a pro se brief within the allotted time period, and the state filed its Anders answer brief. Upon its own review of the record, the first district found reversible error in the trial court's refusal to allow Causey's counsel to impeach the state's main witness during cross-examination. Without requesting the submission of briefs from the parties on that issue, the district court reversed the conviction and remanded the case to the circuit court. *

Before resolving the certified question, a preliminary issue must be addressed. That is, to what extent must a district court review the record pursuant to the filing of an Anders brief? The state contends that Anders requires no more than a cursory review, i.e., only to the extent of errors previously pointed out. To support this contention, the state cites Stokes v. State, 485 So.2d 875 (Fla. 1st DCA 1986). In that case, the district court held that "Anders ... does not require the appellate court to review the record in search of errors...

To continue reading

Request your trial
451 practice notes
  • Rosier v. State, No. 1D16-2327
    • United States
    • Court of Appeal of Florida (US)
    • June 28, 2019
    ...review, 22 Fla. Prac., Criminal Practice & Procedure § 20:7 (2019 ed.) (citing Anders v. State, 386 U.S. 738 (1967), and State v. Causey, 503 So. 2d 321, 323 (Fla. 1987) (reading Anders to "allow both the appellant and the state to submit briefs on issues that the court has found in its ind......
  • People v. Hackett, No. A067229
    • United States
    • California Court of Appeals
    • July 20, 1995
    ...and thus appears to be the only state Supreme Court on record in any way consistent with Wende. 8 In State v. Causey (Fla.1987) 503 So.2d 321, 322, that court disapproved a prior appellate court holding and said that "some degree of independent review is required" to be made by the appellat......
  • Hoover v. State, No. BI-372
    • United States
    • Court of Appeal of Florida (US)
    • July 21, 1987
    ...by appellate counsel in Anders (Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967)) cases, see State v. Causey, 503 So.2d 321, 322 (Fla.1987), the usual rule is that a party appealing a judgment must be aggrieved thereby, and that ordinarily error cannot be complained ......
  • Hadden v. State, No. 93-436
    • United States
    • Court of Appeal of Florida (US)
    • February 14, 1996
    ...brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and pursuant to State v. Causey, 503 So.2d 321 (Fla.1987), this court reviewed the record on appeal and ordered supplemental briefing on two issues: (1) whether the trial court's findings were......
  • Request a trial to view additional results
451 cases
  • Rosier v. State, No. 1D16-2327
    • United States
    • Court of Appeal of Florida (US)
    • June 28, 2019
    ...review, 22 Fla. Prac., Criminal Practice & Procedure § 20:7 (2019 ed.) (citing Anders v. State, 386 U.S. 738 (1967), and State v. Causey, 503 So. 2d 321, 323 (Fla. 1987) (reading Anders to "allow both the appellant and the state to submit briefs on issues that the court has found in its ind......
  • People v. Hackett, No. A067229
    • United States
    • California Court of Appeals
    • July 20, 1995
    ...and thus appears to be the only state Supreme Court on record in any way consistent with Wende. 8 In State v. Causey (Fla.1987) 503 So.2d 321, 322, that court disapproved a prior appellate court holding and said that "some degree of independent review is required" to be made by the appellat......
  • Hoover v. State, No. BI-372
    • United States
    • Court of Appeal of Florida (US)
    • July 21, 1987
    ...by appellate counsel in Anders (Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967)) cases, see State v. Causey, 503 So.2d 321, 322 (Fla.1987), the usual rule is that a party appealing a judgment must be aggrieved thereby, and that ordinarily error cannot be complained ......
  • Hadden v. State, No. 93-436
    • United States
    • Court of Appeal of Florida (US)
    • February 14, 1996
    ...brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and pursuant to State v. Causey, 503 So.2d 321 (Fla.1987), this court reviewed the record on appeal and ordered supplemental briefing on two issues: (1) whether the trial court's findings were......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT