Background
Cassandra Crabtree appealed from a criminal case in the U.S. District Court for the Northern District of Texas. The Fifth Circuit considered the appeal on its summary calendar.
Crabtree’s appointed attorney moved for leave to withdraw and submitted briefs under Anders v. California and United States v. Flores, representing that the appeal presented no nonfrivolous issue. Crabtree did not file a response.
The Court’s Holding
After reviewing counsel’s briefs and the relevant portions of the record identified in them, 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 attorney may seek withdrawal by filing an Anders brief when counsel concludes that an appeal presents no nonfrivolous issue.
- The appellate court independently reviewed the relevant portions of the record before accepting counsel’s assessment.
- The court dismissed Crabtree’s appeal and released appointed counsel from further responsibilities.
Why It Matters
The unpublished decision illustrates the Fifth Circuit’s procedure for resolving a criminal appeal after appointed counsel files an Anders brief. Counsel’s assessment alone did not end the appeal; the panel conducted its own review before finding no nonfrivolous appellate issue and dismissing the case.