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

译者Gary，毕业于国内一流的翻译学院，擅长翻译各种与合规与风控相关的法律文件。