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Simple English definitions for legal terms
Anders brief
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A quick definition of Anders brief:
An Anders brief is a document filed by a defense attorney who has been appointed by the court to represent a defendant on appeal. The brief is filed when the attorney believes that the appeal is frivolous and wants to withdraw from the case. In the brief, the attorney must identify anything in the record that might support the appeal. The court then decides whether the appeal is frivolous and whether the attorney should be allowed to withdraw. This type of brief is also called a no-merit brief.
A more thorough explanation:
An Anders brief is a legal document filed by a court-appointed defense attorney who wants to withdraw from a case on appeal because they believe the appeal is frivolous. The attorney must identify anything in the record that might support the appeal. The court then decides whether the appeal is frivolous and whether the attorney should be allowed to withdraw.
For example, if a defendant is found guilty of a crime and their court-appointed attorney believes that there are no valid grounds for an appeal, they may file an Anders brief to withdraw from the case.
The Anders brief is also known as a no-merit brief because it is filed when the attorney believes there is no merit to the appeal.
According to the Anders brief, the attorney must first act as an advocate for their client and study the record to find any issues that could support an appeal. Only if the attorney cannot find any issues of merit can they change hats and become an amicus curiae, or a neutral party.
Overall, an Anders brief is a legal tool used by court-appointed defense attorneys to withdraw from a case on appeal when they believe the appeal is frivolous.