Unreported / Non-Citable
Background
Demarkus Jermaine Lathen 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 submitted a brief under Anders v. California and United States v. Flores. Lathen did not file a response to counsel’s submission.
The Court’s Holding
The Fifth Circuit independently 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.
The court granted counsel’s motion 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 lacks a nonfrivolous issue may seek withdrawal through the Anders procedure.
- The Fifth Circuit reviewed counsel’s submission and the relevant record before agreeing that the appeal presented no nonfrivolous issue.
- The court permitted counsel to withdraw and dismissed Lathen’s appeal.
Why It Matters
The unpublished, summary-calendar decision illustrates the Fifth Circuit’s handling of an unopposed Anders submission. Counsel’s assessment alone did not end the case; the appellate court reviewed the brief and relevant record before concluding that no nonfrivolous appellate issue existed.