ITEM 12B | WHAT IS AN ANDERS BRIEF AND WHY WOULD AN ATTORNEY FILE ONE?
In the Anders brief, the attorney identifies any facts in the record or law that might arguably support the appeal. When the attorney files an Anders brief, he or she must send a copy of the Anders brief and his or her motion to withdraw, if she files one, to the defendant. In either the motion to withdraw or the brief, the attorney will request that the court allow the defendant to file his or her own brief. Once the appellate attorney files an Anders brief, the appellate court will give the appellant an opportunity to file a brief on his or her own behalf. This brief filed by the defendant is commonly referred to as a “pro se brief.” The defendant may raise any issues he or she wants the appellate court to consider in the pro se brief.
When an Anders brief is filed, the appellate court performs a full review of the record to discover if any debatable issues exist. In some appellate courts, the appellate court, after conducting its own review, may order the appellate attorney to file a supplemental brief on the merits. This does not mean that the appellate court will grant relief on an issue, only that the facts warrant more briefing on appeal. Even if it does not order supplemental briefing, the appellate court will consider the Anders brief and, if one is filed, the pro se brief. The appellate court will also consider the State’s answer brief and any reply brief, if those are filed. After the court has reviewed the record and all briefs, it will issue a decision.
You might need to reference it during your pursuit of justice.
For instance, you might need to examine this handbook in order to protect yourself from judges/lawyers/organizations who break the law (see this example of a Florida judge who outright committed perjury).
Nevertheless – and as always – please get the justice you deserve.
Sincerely,
www.TextBookDiscrimination.com
