Background
Linda Burrell appealed from a criminal case in the U.S. District Court for the Eastern District of Texas. Her appointed appellate attorney moved for leave to withdraw and filed a brief under Anders v. California, representing that the appeal presented no nonfrivolous ground for review.
Burrell did not file a response to counsel’s motion or brief. The Fifth Circuit considered counsel’s submission and the relevant portions of the record identified in it.
The Court’s Holding
The Fifth Circuit agreed with appointed counsel that Burrell’s appeal presented no nonfrivolous issue for appellate review.
The court therefore granted counsel’s motion for leave to withdraw, excused counsel from further responsibilities in the case, and dismissed the appeal under Fifth Circuit Rule 42.2.
Key Takeaways
- An appointed attorney may seek withdrawal through an Anders brief when counsel concludes that a criminal appeal lacks a nonfrivolous issue.
- The Fifth Circuit independently reviewed counsel’s brief and the relevant portions of the record before accepting that assessment.
- Finding no nonfrivolous appellate issue, the court permitted counsel to withdraw and dismissed Burrell’s appeal.
Why It Matters
The disposition illustrates the Fifth Circuit’s procedure for resolving an appeal after appointed counsel files an Anders brief. Withdrawal and dismissal followed only after the panel conducted its own review and agreed that no nonfrivolous issue existed.