Unreported / Non-Citable
Background
Jill Helen Dorsett appealed from a criminal case in the U.S. District Court for the Eastern District of Texas. Her appointed appellate 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 for review.
Dorsett did not file a response to counsel’s motion or brief. The Fifth Circuit reviewed counsel’s submission and the relevant portions of the record identified in it.
The Court’s Holding
The Fifth Circuit agreed with appointed counsel’s assessment that Dorsett’s appeal presented no nonfrivolous issue for appellate review.
The court therefore granted counsel’s motion for leave to withdraw, excused counsel from further responsibilities in the matter, and dismissed the appeal under Fifth Circuit Rule 42.2.
Key Takeaways
- An appointed attorney who concludes that a criminal appeal presents no nonfrivolous issue may seek withdrawal through the Anders procedure.
- The Fifth Circuit independently reviewed counsel’s brief and the relevant portions of the record before accepting counsel’s assessment.
- The court dismissed Dorsett’s appeal as presenting no nonfrivolous appellate issue and relieved appointed counsel of further duties.
Why It Matters
The unpublished per curiam disposition illustrates the Fifth Circuit’s handling of an unopposed Anders submission. Even when a defendant files no response, the court reviews counsel’s brief and the relevant record before permitting withdrawal and dismissing the appeal.