05-20-2015, 07:31 PM
Lunarscope,
In order to file an Anders brief (also called a "no-merits brief"), the attorney must do the following:
The attorney must file a motion to withdraw as the defendant's counsel.
The motion to withdraw must "be accompanied by a brief referring to anything in the record that might arguably support the appeal." Any and all grounds, even if counsel considers them frivolous, must be raised in the brief. Those grounds include areas such as a plea of guilty was made voluntarily and freely, or the sentence imposed by the court was within the permissible range.
The defendant should be given a copy of the brief and given time to raise any grounds (either pro se or by other counsel) that the defendant so chooses to raise.
The court must then independently "after a full examination of all the proceedings" decide if the appeal is wholly frivolous. If the court decides it is, then it is to grant counsel's motion to withdraw and then (depending on state law) either dismiss the appeal or rule on its merits, but must still allow the defendant to further appeal if desired. If the court, though, finds that there is at least one non-frivolous ground, it must then allow the defendant the right to make the case and appoint counsel if needed. (As part of an Anders brief, an attorney may request that, if the court finds a non-frivolous ground(s) for appeal, the attorney be allowed to withdraw the brief and remain as counsel, whereupon the attorney would then amend the appeal to argue on the ground(s) that the court has found.)
I think the letter that was leaked was on purpose for the Haters, everything is just great like the best vacay she has ever been on. She
mentions DM a few times like she was also wrongfully convicted. She is using reverse psych. Everything is not great and she knows it.
I read some of the State v. Thompson the cases are totally different, wasn't premed. but he killed a PO. but his appeal was pointless.
In order to file an Anders brief (also called a "no-merits brief"), the attorney must do the following:
The attorney must file a motion to withdraw as the defendant's counsel.
The motion to withdraw must "be accompanied by a brief referring to anything in the record that might arguably support the appeal." Any and all grounds, even if counsel considers them frivolous, must be raised in the brief. Those grounds include areas such as a plea of guilty was made voluntarily and freely, or the sentence imposed by the court was within the permissible range.
The defendant should be given a copy of the brief and given time to raise any grounds (either pro se or by other counsel) that the defendant so chooses to raise.
The court must then independently "after a full examination of all the proceedings" decide if the appeal is wholly frivolous. If the court decides it is, then it is to grant counsel's motion to withdraw and then (depending on state law) either dismiss the appeal or rule on its merits, but must still allow the defendant to further appeal if desired. If the court, though, finds that there is at least one non-frivolous ground, it must then allow the defendant the right to make the case and appoint counsel if needed. (As part of an Anders brief, an attorney may request that, if the court finds a non-frivolous ground(s) for appeal, the attorney be allowed to withdraw the brief and remain as counsel, whereupon the attorney would then amend the appeal to argue on the ground(s) that the court has found.)
I think the letter that was leaked was on purpose for the Haters, everything is just great like the best vacay she has ever been on. She
mentions DM a few times like she was also wrongfully convicted. She is using reverse psych. Everything is not great and she knows it.
I read some of the State v. Thompson the cases are totally different, wasn't premed. but he killed a PO. but his appeal was pointless.