Unreported / Non-Citable
Background
Katriel Elijah Cheron Girtley appealed from a criminal case in the U.S. District Court for the Northern District of Texas. The Federal Public Defender appointed to represent him concluded that the appeal presented no nonfrivolous issue for appellate review.
Appointed counsel moved for leave to withdraw and filed a brief under Anders v. California and United States v. Flores. Girtley did not file a response to counsel’s submission.
The Court’s Holding
The Fifth Circuit reviewed counsel’s brief and the relevant portions of the record identified in it. The court agreed with counsel’s assessment that the appeal presented no nonfrivolous issue for appellate review.
Accordingly, the court granted counsel’s motion for leave 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 independently reviewed the Anders brief and the relevant portions of the record.
- The court found no nonfrivolous issue warranting appellate review.
- The court permitted appointed counsel to withdraw and dismissed the appeal.
Why It Matters
The unpublished, per curiam decision illustrates the Fifth Circuit’s handling of an Anders submission when appointed counsel identifies no nonfrivolous appellate issue and the defendant files no response. After conducting its review and agreeing with counsel, the court may allow counsel to withdraw and dismiss the appeal.