Background
Terry Lynn McNeal, Jr. appealed a conviction from the United States District Court for the Southern District of Mississippi. His appointed attorney moved to withdraw and filed a brief in accordance with Anders v. California, asserting the appeal presented no nonfrivolous issues. McNeal filed a response to the motion.
The court’s reasoning
The court reviewed the attorney’s brief, the relevant portions of the record, and McNeal’s response. It concurred with the attorney’s assessment that the appeal presented no nonfrivolous issues for appellate review. However, the court found the record was not sufficiently developed to allow a fair evaluation of McNeal’s claim of ineffective assistance of counsel. Consequently, the court declined to consider the claim on the merits without prejudice to collateral review.
What it means going forward
The appeal is dismissed, and the appointed counsel is excused from further responsibilities. The defendant may still pursue the ineffective assistance claim through collateral review proceedings.