Unreported / Non-Citable
Background
Demond Marcel Tillman appealed from a criminal proceeding in the U.S. District Court for the Northern District of Texas. The Fifth Circuit considered the matter on its summary calendar.
Tillman’s appointed 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. Tillman did not file a response.
The Court’s Holding
After reviewing counsel’s brief and the relevant portions of the record identified in it, the Fifth Circuit agreed with counsel’s assessment that there was no nonfrivolous issue for appellate review.
The court granted counsel’s motion to withdraw, excused counsel from further responsibilities in the case, and dismissed the appeal under Fifth Circuit Rule 42.2.
Key Takeaways
- The panel independently reviewed the Anders brief and the relevant portions of the record reflected in it.
- The court found no nonfrivolous issue warranting appellate review.
- The court permitted appointed counsel to withdraw and dismissed Tillman’s appeal as frivolous.
Why It Matters
The unpublished decision illustrates the Fifth Circuit’s handling of an Anders appeal when appointed counsel identifies no nonfrivolous appellate issue and the defendant files no response. Once its review confirmed counsel’s assessment, the court allowed withdrawal and disposed of the appeal under its rule governing frivolous appeals.