Unreported / Non-Citable
Background
Terry Lynn McNeal, Jr. appealed his conviction from the United States District Court for the Southern District of Mississippi (USDC No. 1:24-CR-42-1). McNeal’s court-appointed attorney filed a motion to withdraw and submitted a brief following the procedure established in Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). This procedure allows counsel to withdraw when counsel believes an appeal is frivolous if the court agrees. McNeal filed a response to counsel’s motion.
The Court’s Holding
The Fifth Circuit found the record was not sufficiently developed to fairly evaluate McNeal’s claim of ineffective assistance of counsel. Accordingly, the court declined to consider the claim without prejudice to collateral review. The court reviewed counsel’s Anders brief and the relevant portions of the record, as well as McNeal’s response. The court agreed with counsel’s assessment that the appeal presented no nonfrivolous issue for appellate review.
The court granted the motion for leave to withdraw, excused counsel from further responsibilities, and dismissed the appeal.
Key Takeaways
- The Fifth Circuit dismissed the appeal after finding no nonfrivolous issues for review under the Anders standard.
- The court declined to address the ineffective assistance of counsel claim due to an insufficiently developed record, but preserved the right to raise it in collateral review.
- This is an unpublished summary calendar opinion.
Why It Matters
This decision illustrates the application of Anders review procedures in the Fifth Circuit, where counsel must withdraw from representation when unable to identify nonfrivolous appellate issues. The dismissal without prejudice preserves McNeal’s ability to raise ineffective assistance claims through habeas petitions or other collateral remedies, ensuring that potential constitutional claims are not permanently forfeited by the appellate process.