After all the briefs have been filed in the appellate court, the case will be assigned to a panel of 3 appellate judges to review the appeal. The exact procedures for handling Anders appeals vary from court to court; however, generally a law clerk or staff attorney will first review the record on appeal and the briefs and prepare a memorandum for the judges to review. Each judge will review the memorandum, briefs, record on appeal, and appeal case file. If the panel of judges determines that a potentially meritorious issue has been raised in the case, the court will generally order the court-appointed attorney to file a brief, in addition to the already-filed Anders brief, addressing the potential merit of the issue. The State of Florida will then be given an opportunity to respond. The appellate court will consider the supplemental briefs and decide how to rule on the case. A written decision, or opinion, indicating the appellate court’s ruling will then be sent to the appellant and all the attorneys.
