Summary
Fifth Circuit granted appointed counsel's motion to withdraw under *Anders v. California* after concluding the direct criminal appeal presented no nonfrivolous issues. The court dismissed the appeal and denied the defendant's motion for appointment of new counsel.
Court
United States Court of Appeals for the Fifth Circuit
Writing for the Court
W. Eugene Davis; Edith H. Jones; Stuart Kyle Duncan
Jurisdiction
Federal
Decision date
March 14, 2019
Docket number
17-20795
Procedural posture
Direct appeal from criminal conviction in the United States District Court for the Southern District of Texas.
Standard of review
Anders review for nonfrivolous issues
Precedential value
unpublished
Parties
Billie Hawkins v. United States of America
Disposition
dismissed
Topics
criminal procedureappellate procedurestandard of review
Practice areas
Criminal LawAppellate Practice
Questions Presented
- Whether the appeal presents any nonfrivolous issue for appellate review.
Holdings
- The appeal presents no nonfrivolous issue for appellate review.
Key quotations
“We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review.” (Page 2)
“Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED.” (Page 2)
Factual background
The opinion does not provide a factual background. It is an Anders appeal where counsel determined no nonfrivolous issues exist.
Procedural history
Hawkins was convicted in the district court and appealed. Appointed counsel filed an Anders brief asserting no nonfrivolous issues. The court granted extensions for Hawkins to respond, but no response was filed.
Court Document
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