Background
Demond Marcel Tillman 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.
Tillman’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 issue. Tillman did not file a response.
The Court’s Holding
After independently reviewing counsel’s brief and the relevant portions of the record identified in it, 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
- The Fifth Circuit found no nonfrivolous issue warranting appellate review.
- The court permitted Tillman’s appointed attorney to withdraw under the Anders procedure.
- The court dismissed the appeal as frivolous under Fifth Circuit Rule 42.2.
Why It Matters
The unpublished per curiam decision illustrates the Fifth Circuit’s handling of an Anders appeal: the court reviews counsel’s submission and the relevant record before deciding whether any nonfrivolous appellate issue exists.
Here, that review resulted in both withdrawal of appointed counsel and dismissal of the appeal, without merits briefing on any substantive challenge.