Background
Katriel Elijah Cheron Girtley appealed from a criminal case in the U.S. District Court for the Northern District of Texas. The Federal Public Defender was appointed to represent him before the Fifth Circuit.
Appointed counsel moved for leave to withdraw and filed a brief under Anders v. California, asserting that the appeal presented no nonfrivolous issue. Girtley did not file a response.
The Court’s Holding
After reviewing counsel’s brief and the relevant portions of the record identified in it, the Fifth Circuit agreed with counsel 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
- An appointed lawyer who concludes that a criminal appeal lacks a nonfrivolous issue may seek withdrawal through the Anders procedure.
- The Fifth Circuit independently reviewed counsel’s brief and the relevant portions of the record before accepting counsel’s assessment.
- The court dismissed Girtley’s appeal and released appointed counsel from further obligations.
Why It Matters
The unpublished, per curiam decision illustrates the Fifth Circuit’s handling of an unopposed Anders submission. Even when the defendant files no response, the appellate court conducts its own review before permitting counsel to withdraw and dismissing an appeal as presenting no nonfrivolous issue.