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Anders brief in CPS case

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October 11, 2006, 16:20
Jim Tirey
Anders brief in CPS case
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?
October 11, 2006, 16:38
pkdyer
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.
October 11, 2006, 17:02
John Stride
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).
December 21, 2006, 11:48
Jim Tirey
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.
December 22, 2006, 08:27
pkdyer
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).