Background
Patrick Wayne Frazier 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.
Frazier’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. Frazier 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 therefore 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 who concludes that a criminal appeal lacks a nonfrivolous issue may seek withdrawal through the Anders procedure.
- The Fifth Circuit reviewed the attorney’s submission and the relevant portions of the record before agreeing that no nonfrivolous appellate issue existed.
- The court granted withdrawal and dismissed the appeal as frivolous under Fifth Circuit Rule 42.2.
Why It Matters
The decision illustrates the Fifth Circuit’s handling of an unopposed Anders submission. Counsel’s assessment alone did not end the matter; the appellate panel conducted its own review before permitting counsel to withdraw and dismissing the appeal.