Background
Michael Larry Davis appealed from a criminal case in the U.S. District Court for the Southern District of Mississippi. The Federal Public Defender appointed to represent him concluded that the appeal presented no nonfrivolous issue.
Defense counsel moved for leave to withdraw and submitted a brief under Anders v. California and United States v. Flores. Davis did not file a response.
The Court’s Holding
The Fifth Circuit independently reviewed counsel’s brief and the relevant portions of the record identified in it. The court 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 matter, and dismissed the appeal under Fifth Circuit Rule 42.2.
Key Takeaways
- An appointed attorney may seek to withdraw by filing an Anders brief when counsel concludes that a criminal appeal presents no nonfrivolous issue.
- The appellate court independently reviews the submission and relevant record before acting on counsel’s assessment.
- After finding no nonfrivolous appellate issue, the Fifth Circuit permitted withdrawal and dismissed Davis’s appeal as frivolous.
Why It Matters
The decision illustrates the Fifth Circuit’s procedure for resolving an Anders appeal. Counsel’s assessment alone did not end the case; the panel reviewed the brief and pertinent record before allowing counsel to withdraw and dismissing the appeal.