ANDERS BRIEF
Anders brief.Criminal procedure. A brief filed by a court-appointed defense attorney who
wants to withdraw from the case on appeal based on a belief that the appeal is frivolous. • In an
Anders brief, the attorney seeking to withdraw must identify anything in the record that might
arguably support the appeal. The court then decides whether the appeal is frivolous and whether
the attorney should be permitted to withdraw. Anders v. California, 386 U.S. 738, 87 S.Ct. 1396
(1967). — Also termed no-merit brief. [Cases: Criminal Law 1077.3. C.J.S. Criminal Law §§
1689–1694.]
“Anders requires an attorney to assume two somewhat contradictory roles when filing a
no-merit brief. The first, and most important, role is that of an advocate.Anders makes clear that
the first duty of appellate counsel is to study the record and to consult with the defendant to
ascertain whether there is anything in the record to support an appeal. Counsel should not consider
the case with a view toward finding no merit or of acting as a neutral party. Only if counsel can
find no issue of even arguable merit does he change hats and become an amicus curiae.” Jonathan
M. Purver & Lawrence E. Taylor, Handling Criminal Appeals § 138, at 285 (1980). [Blacks Law 8th]