anders brief

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.]

“Anders requires an attorney to assume two somewhat contradictory roles when filing a no-merit brief. The first, and most important, role is that of an advocate. Anders makes clear that the first duty of appellate counsel is to study the record and to consult with the defendant to ascertain whether there is anything in the record to support an appeal. Counsel should not consider the case with a view toward finding no merit or of acting as a neutral party. Only if counsel can find no issue of even arguable merit does he change hats and become an amicus curiae.” Jonathan M. Purver & Lawrence E. Taylor, Handling Criminal Appeals § 138, at 285 (1980).

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词条贡献者

法律翻译玉晶，毕业于英国一流的高级翻译学院，专注翻译各类与通用数据保护条例有关的法律文件。