The United States Court of Appeals for the Fifth Circuit granted a motion to withdraw counsel and dismissed an appeal filed by Patrick Javon Hardy. The court found the appointed attorney's Anders brief demonstrated that the appeal presented no nonfrivolous issues for review.
Background
Patrick Javon Hardy appealed a judgment from the United States District Court for the Northern District of Texas. Appointed counsel filed a motion to withdraw and submitted a brief in accordance with Anders v. California and United States v. Flores, stating the appeal lacked nonfrivolous issues. Hardy did not file a response to the motion.
The court’s reasoning
The court reviewed the attorney’s brief and the relevant portions of the record. The judges concurred with counsel’s assessment that the appeal presented no nonfrivolous issue for appellate review. Consequently, the court granted the motion to withdraw and dismissed the appeal.
What it means going forward
The appeal is terminated, and the appointed attorney is excused from further responsibilities in the case.
