Background
Chadwick James High appealed from a criminal case in the U.S. District Court for the Northern District of Texas. The Federal Public Defender appointed to represent him concluded that the appeal presented no nonfrivolous issue for appellate review.
Appointed counsel moved for leave to withdraw and filed a brief under Anders v. California and United States v. Flores. High did not file a response to counsel’s submission.
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In an unpublished per curiam opinion, the Fifth Circuit reviewed counsel’s brief and the relevant portions of the record identified in it.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 portions of the record.
- The court found no nonfrivolous issue warranting appellate review.
- Counsel was permitted to withdraw, and the appeal was dismissed.
Why It Matters
The decision illustrates the Fifth Circuit’s disposition of a criminal appeal following an Anders submission: after conducting its own review and agreeing that no nonfrivolous appellate issue exists, the court may allow appointed counsel to withdraw and dismiss the appeal.