Background
Edith Marie Dunn 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.
Dunn’s appointed 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 ground for review. Dunn 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 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 reviewed the brief and relevant record portions before agreeing with counsel’s assessment.
- The Fifth Circuit dismissed Dunn’s appeal and released appointed counsel from further duties.
Why It Matters
The unpublished decision illustrates the Fifth Circuit’s handling of an Anders appeal: the court conducts its own review of the materials before permitting counsel to withdraw and dismissing an appeal as frivolous.