Unreported / Non-Citable
Background
Ladarrion Demarcus Claiborne appealed from a criminal proceeding in the U.S. District Court for the Northern District of Texas.
Claiborne’s appointed attorney moved for permission to withdraw and filed a brief under Anders v. California and United States v. Flores, representing that the appeal presented no nonfrivolous issue. Claiborne did not file a response.
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 that the appeal presented no nonfrivolous issue for appellate review.
Accordingly, 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 independently reviewed the brief and relevant record before accepting counsel’s assessment.
- The court dismissed Claiborne’s appeal as frivolous and permitted appointed counsel to withdraw.
Why It Matters
The unpublished decision illustrates the Fifth Circuit’s procedure for resolving an Anders appeal: the court reviews the submission and relevant record, determines whether any nonfrivolous appellate issue exists, and may then allow counsel to withdraw and dismiss the appeal.