Anders brief

Criminal procedure. A brief filed by a court-appointed defense attorney who wants to withdraw from the case on appeal based on a belief that the appeal is frivolous.

• In an Anders brief, the attorney seeking to withdraw must identify anything in the record that might arguably support the appeal. The court then decides whether the appeal is frivolous and whether the attorney should be permitted to withdraw. Anders v. California, 386 U.S. 738, 87 S.Ct. 1396 (1967).

— Also termed no-merit brief. [Cases: Criminal Law 1077.3. C.J.S. Criminal Law §§ 1689–1694.]

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词条贡献者

译员Terence，毕业于国内顶尖法学院，擅长翻译有关能源和自然资源领域的法律文件。