Another thread for the lawyers

[TUSooner]

Ever file an Anders brief? Whattya think about them?
Cop-out?
Cheap way to get the court (i.e. some law clerk or staff atty) to do your job for you?
Is it a cop-out to appeal just one issue and tacitly waive everything else?

I can easy to see why you should file one if the dude or dudette pleaded guilty, especially if he or she waived an appeal. But we are seeing Anders motions after multi-day JURY TRIALs, where the lawyer offers a lame mention of one or 2 issue and then ignores the majority of the record and basically leaves it up to the court to review the record for him (or her). That's waaaay lame, IMHO.

BTW, after doing some of these, I'd be a great crim defense appeal lawyer

Our esteeemed colleague O. Homey, Esq. may now want to explain to the lay folk what is an Anders brief.

[Mjcpr]

I think it is just further proof of the rampant laziness and poor work ethic in today's society.

[TUSooner]

I think it is just further proof of the rampant laziness and poor work ethic in today's society.

brilliant


I bet you say that to all the threads.

[Mjcpr]

BTW, I am not a lawyer and I have no idea what an Anders brief is. I was thinking it might be a type of underwear.

[TUSooner]

BTW, I am not a lawyer and I have no idea what an Anders brief is. I was thinking it might be a type of underwear.

Like Mormons wear, y'mean?
Bughhhhhhh!!!1
Somebody will post a pic, and then all will be lost. <shakes head>

[Mjcpr]

I apologize in advance.

[StoopTroup]

I just a little research on what your talking about and by the looks of the paperwork involved....filing one of those should allow the Judge to kick you in da nuts IMO...

[TexasSooner01]

Writ of Mandamus....PLEASE!

[Okla-homey]

They're also called "no merit briefs." Some say for more than one reason.

Professors Purver and Taylor sum it up nicely:

Anders requires an attorney to assume two somewhat contradictory roles when filing. 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).

[OUinFLA]

well, that certainly took the fun out of this thread.

[olevetonahill]

I aint a lawyer , But I did talk nancy Anders out of her underwear .