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Date: 11-14-2024
Case Style:
Case Number: 4:24-CR-47
Judge: J.H. Heil
Court: United States District Court for the Northern District of Oklahoma
Plaintiff's Attorney: United States District Attorney’s Office in Tulsa
Defendant's Attorney:
Description:
Outcome: Defendant was sentenced to 24 additional months in prison, followed by one year of supervised release.
Defendant appealed but his lawyer filed an Anders brief.
An Anders brief is a legal document filed by a criminal defense attorney when they believe an appeal of a criminal conviction is frivolous. The brief is named after the 1967 Supreme Court case Anders v. California.
In an Anders brief, the attorney must:
State that they do not believe there are grounds to appeal
Request permission to withdraw as the defendant's lawyer
List all facts and legal arguments in the record that could potentially support an appeal
Request that the defendant be allowed to file a brief on their own
The court will then decide if the appeal is frivolous and if the attorney should be allowed to withdraw. If the court decides the appeal is frivolous, it will grant the attorney's request to withdraw. The court may then dismiss the appeal or rule on it, but it must allow the defendant to appeal further if they want to. If the court finds at least one non-frivolous ground, the defendant will be allowed to make their case and may be appointed counsel.
A properly prepared Anders brief can be more work than a merits brief. The attorney should never use an Anders brief as a way to save time if they are convinced the appeal will not be successful.
Plaintiff's Experts:
Defendant's Experts:
Comments: