Legal Definitions - Anders brief

An Anders brief is a specific type of legal document filed in a criminal appeal by a court-appointed defense attorney. It is used when the attorney, after carefully reviewing the entire case record, concludes that there are no legitimate, arguable legal grounds to challenge the client's conviction or sentence—meaning the appeal would be considered "frivolous."

Rather than simply withdrawing from the case, which would leave the client without legal representation, the attorney files an Anders brief with the appellate court. In this brief, the attorney explains their conclusion that the appeal lacks merit but must also identify and discuss anything in the case record that could potentially support an appeal, even if the attorney believes those points will ultimately fail. This ensures that the court, and not just the attorney, makes the final determination about the appeal's merit. The court then reviews the Anders brief and the case record itself to decide whether the appeal is indeed frivolous and whether the attorney should be permitted to withdraw.

Here are some examples illustrating when an Anders brief might be filed:

• Example 1: Clear Evidence and No Procedural Errors

  Imagine a defendant, Mr. Harrison, was convicted of burglary. The evidence against him was overwhelming, including security footage, eyewitness testimony, and his fingerprints at the scene. His court-appointed appellate attorney meticulously reviewed the trial transcript, police reports, and all legal filings. The attorney found no errors in how the police collected evidence, no mistakes by the judge during the trial, and no ineffective assistance from the trial lawyer. Despite this, Mr. Harrison insists on appealing. Believing there are no arguable legal issues to present, his attorney would file an Anders brief, outlining the thorough review conducted and pointing out any minor procedural points Mr. Harrison wanted to raise, even while concluding they lack legal merit. The court would then review the brief and the case to decide if the appeal should proceed without the attorney.

• Example 2: Challenging a Valid Plea Agreement

  Ms. Chen pleaded guilty to a drug offense as part of a plea bargain, receiving a reduced sentence in exchange for her cooperation. During the plea hearing, the judge thoroughly explained her rights, and Ms. Chen confirmed she understood the agreement and was entering the plea voluntarily. After sentencing, Ms. Chen has second thoughts and wants to appeal her conviction, claiming she felt pressured. Her court-appointed appellate attorney reviews the plea hearing transcript and all related documents. The attorney finds no evidence of coercion, no procedural errors in how the plea was accepted, and no basis to argue that the plea was involuntary or unlawful. The attorney would then file an Anders brief, explaining to the appellate court why there are no arguable grounds to challenge the valid plea agreement, while still noting Ms. Chen's specific concerns about feeling pressured, for the court's consideration.

• Example 3: Post-Conviction Appeal with Exhausted Legal Avenues

  Mr. Davies was convicted of assault and battery. His initial appeal was denied, and he then filed several post-conviction motions, all of which were also denied by various courts. He is now seeking another appeal, still claiming his innocence and alleging a vast conspiracy, but without presenting any new legal arguments or evidence. His court-appointed attorney for this latest appeal reviews the extensive history of the case, including all previous appeals and motions. The attorney determines that every conceivable legal issue has already been raised, thoroughly litigated, and decided against Mr. Davies, and there are no new, non-frivolous legal points to argue. In this situation, the attorney would file an Anders brief, detailing the exhaustive review of the case's long legal history and explaining why no arguable issues remain for a new appeal, allowing the court to make the final determination.