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Response to Anders Brief

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August 03, 2015, 10:51
Response to Anders Brief
Can someone please share the letter or form needed to respond to an Anders Brief? The Court of Appeals has set the case for submission on briefs and we didn't think a brief was necessary.

Thank you,

Colleen Davis
Assistant County Attorney
Burnet County
August 13, 2015, 09:02
Martin Peterson
Technically, there is never a requirement that the appellee file a brief. The case is actually going to be submitted on the motion of appellant's counsel to withdraw. You have no reason to oppose permission to withdraw being granted. The court will be able to decide the merits of the motion (or sufficiency of the Anders brief) on its own. I think your initial thought about the necessity for a brief was accurate. If for some reason the court actually requested a state's brief, that would be different. But I do not see how that would happen, as the court is best at seeing what is a frivolous or arguable issue without forcing the state to pretend it disagrees with the brief already filed. The appellant's pro se brief (if any) serves that role.