Background
Jerusalia Bell appealed from a criminal case in the U.S. District Court for the Western District of Louisiana. Her appointed appellate attorney moved for leave to withdraw and filed a brief under Anders v. California and United States v. Flores, representing that the appeal presented no nonfrivolous issue for review.
Bell filed a response to counsel’s submission. The Fifth Circuit reviewed counsel’s brief, the relevant portions of the record identified in it, and Bell’s response.
The Court’s Holding
The Fifth Circuit agreed with appointed counsel that Bell’s appeal presented no nonfrivolous issue for appellate review.
The court 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 to withdraw when an Anders review reveals no nonfrivolous appellate issue.
- The Fifth Circuit independently reviewed counsel’s submission, the relevant record portions, and Bell’s response before acting.
- The court dismissed the appeal as frivolous and released appointed counsel from further duties.
Why It Matters
The unpublished summary-calendar opinion illustrates the Fifth Circuit’s procedure for resolving an Anders appeal. Even when appointed counsel finds no viable issue, the court reviews the pertinent materials and any response from the defendant before permitting withdrawal and dismissing the appeal.