Unreported / Non-Citable
Background
Lola Shalewa Barbara Kasali appealed from a criminal case in the U.S. District Court for the Southern 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.
Kasali filed a response to counsel’s brief. The Fifth Circuit reviewed counsel’s submission, the relevant portions of the record identified in it, and Kasali’s response.
The Court’s Holding
The Fifth Circuit agreed with appointed counsel that the appeal presented no nonfrivolous issue for appellate review. It therefore granted counsel’s motion to withdraw, excused counsel from further responsibilities in the case, and dismissed the appeal.
To the extent Kasali’s filings raised ineffective-assistance-of-counsel claims, the court declined to consider them because the record was not sufficiently developed to permit a fair evaluation. That determination was without prejudice to collateral review.
Key Takeaways
- The Fifth Circuit independently reviewed counsel’s Anders brief, the relevant record portions, and Kasali’s response.
- The court found no nonfrivolous issue for appellate review and dismissed the appeal.
- Any ineffective-assistance claims implicated by Kasali’s filings remain available for collateral review because the court declined to address them on the existing record.
Why It Matters
The decision illustrates the disposition of a criminal appeal after Anders review when the appellate court agrees that no nonfrivolous issue exists. It also preserves, without deciding, any ineffective-assistance claims implicated by Kasali’s filings for possible collateral proceedings on a more developed record.