Unreported / Non-Citable
Background
Jerusalia Bell appealed from a criminal case in the U.S. District Court for the Western District of Louisiana. Her appointed appellate attorney moved for leave to withdraw and filed a brief under Anders v. California, representing that the appeal presented no nonfrivolous issue for review.
Bell filed a response to counsel’s submission. The Fifth Circuit reviewed counsel’s brief, the relevant portions of the record identified in the brief, and Bell’s response.
The Court’s Holding
The Fifth Circuit agreed with appointed counsel that the appeal presented no nonfrivolous issue for appellate review.
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
- An appointed attorney may seek withdrawal through the Anders procedure when counsel concludes that a criminal appeal presents no nonfrivolous issue.
- The court independently reviewed counsel’s brief, the relevant portions of the record, and Bell’s response before accepting counsel’s assessment.
- Finding no nonfrivolous appellate issue, the Fifth Circuit permitted counsel to withdraw and dismissed the appeal.
Why It Matters
The decision illustrates the Fifth Circuit’s handling of an Anders submission: counsel’s assessment alone does not end the appeal, because the court reviews the identified record and any response from the defendant before deciding whether a nonfrivolous issue exists.
The opinion is unpublished and resolves Bell’s appeal without reaching any underlying claim on the merits because the panel found no nonfrivolous issue suitable for appellate review.