Background
Griffin Isaiah Jefferson appealed from a criminal case in the U.S. District Court for the Southern District of Texas. The Federal Public Defender appointed to represent him concluded that the appeal presented no nonfrivolous issue and moved for leave to withdraw.
Appointed counsel filed a brief under Anders v. California and United States v. Flores. Jefferson did not file a response to counsel’s motion or brief.
The Court’s Holding
In an unpublished per curiam opinion, the Fifth Circuit reviewed counsel’s brief and the relevant portions of the record identified in it. The court agreed with counsel’s assessment that the appeal presented no nonfrivolous issue for appellate review.
The court granted counsel’s motion to withdraw, excused counsel from further responsibilities in the case, and dismissed the appeal under Fifth Circuit Rule 42.2.
Key Takeaways
- The Fifth Circuit independently reviewed the Anders brief and the relevant record before dismissing the appeal.
- The court found no nonfrivolous appellate issue.
- Appointed counsel was permitted to withdraw and was released from further responsibilities in the matter.
Why It Matters
The decision illustrates the Fifth Circuit’s procedure when appointed criminal-defense counsel determines that an appeal is frivolous. An Anders filing does not itself end the appeal; the appellate court reviews the filing and relevant record before deciding whether any nonfrivolous issue exists.
Here, that review produced no arguable appellate issue, resulting in both counsel’s withdrawal and dismissal of the appeal.