Summary
In this unpublished Fifth Circuit per curiam opinion, the court granted appointed counsel's motion to withdraw under *Anders v. California* after concluding that the appeal presented no nonfrivolous issues for review. The defendant did not file a response. The court dismissed the appeal, excusing counsel from further responsibilities. This case addresses the standard for granting an Anders motion and dismissing a frivolous direct criminal appeal.
Court
United States Court of Appeals for the Fifth Circuit
Writing for the Court
Edith Brown Clement; James E. Graves Jr.; Andrew S. Oldham
Jurisdiction
Federal
Decision date
July 2, 2020
Docket number
19-10711
Procedural posture
Direct appeal from criminal conviction
Standard of review
Anders v. California – determination of whether appeal is frivolous
Precedential value
unpublished
Parties
Nigel Hargrove 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 issues 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.” (1)
“Accordingly, counsel's motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED.” (2)
Factual background
The opinion does not discuss specific facts. Hargrove was convicted in district court and appealed.
Procedural history
Nigel Hargrove appealed his conviction and sentence from the United States District Court for the Northern District of Texas. The Federal Public Defender filed an Anders brief seeking to withdraw.
Court Document
Open PDFLoading document…