TDCAA    TDCAA Community  Hop To Forum Categories  Appellate    Anders brief in CPS case
Go
New
Find
Notify
Tools
Reply
  
Anders brief in CPS case Login/Join 
Member
posted
The attorney for the mother in an appeal of a CPS case that resulted in termination of parental rights has filed an Anders brief.

I do not recall ever receiving a response from the State when I filed an Anders brief in cases while I was in private practice. Do I need to file anything in response, evidencing my agreement with the attorney's assessment of the case?
 
Posts: 366 | Location: Plainview, Hale County | Registered: January 11, 2005Reply With QuoteReport This Post
Member
posted Hide Post
I have never filed any in reply to my criminal cases where attorneys have filed Anders - don't know about CPS appeals, but I think it would be the same. I think the Court has to review the record anyway on their own, so I don't see the need for an answer.
 
Posts: 419 | Location: Abilene, TX USA | Registered: December 16, 2002Reply With QuoteReport This Post
Member
posted Hide Post
I suggest calling your COA clerk. Not all appellate courts operate the same way in handling Anders briefs. Some like a letter from the State (something we used to do in Fort Worth), others seem to manage without any state reply (Dallas).
 
Posts: 532 | Location: McKinney, Tx | Registered: June 22, 2001Reply With QuoteReport This Post
Member
posted Hide Post
The appellant in this CPS case has filed a pro se response with the Court. I have a copy of it now, and I am wondering if I should respond. It basically does not address anything that would be a appealable point of error in the case.

Just wondering. I would hate to have this sent back because I did not respond to something.
 
Posts: 366 | Location: Plainview, Hale County | Registered: January 11, 2005Reply With QuoteReport This Post
Member
posted Hide Post
I think it would be necessary to respond to a pro se brief. I imagine the brief probably is challenging the sufficiency of the evidence. Just remember to ask for dismissal if the points were not preserved as required under Texas Family Code 263.405(b) and (i).
 
Posts: 419 | Location: Abilene, TX USA | Registered: December 16, 2002Reply With QuoteReport This Post
  Powered by Social Strata  
 

TDCAA    TDCAA Community  Hop To Forum Categories  Appellate    Anders brief in CPS case

© TDCAA, 2001. All Rights Reserved.