Unreported / Non-Citable
Background
Adrien Jockeel Evans 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.
Evans’s appointed attorney moved for leave to withdraw and filed a brief under Anders v. California, representing that the appeal presented no nonfrivolous issue. Evans filed a response.
The Court’s Holding
The Fifth Circuit independently reviewed counsel’s brief, the relevant portions of the record identified in the brief, and Evans’s response. It 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 to withdraw when an appeal lacks a nonfrivolous issue, subject to the procedures required by Anders.
- The Fifth Circuit reviewed both counsel’s submission and Evans’s response before determining that the appeal was frivolous.
- The court dismissed the appeal and relieved appointed counsel of further responsibility.
Why It Matters
The unpublished per curiam opinion illustrates the Fifth Circuit’s handling of an Anders appeal: the court reviews the relevant record and any defendant response before permitting withdrawal and dismissing the case as frivolous.