Tuesday, November 13, 2007
Ind. Decisions - One Indiana case today from 7th Circuit, re filing of an Anders brief
In USA v. King (SD Ind., Judge Hamilton), an 8-page per curiam decision, the Court writes:
King filed a notice of appeal; perhaps anticipating our opinion in United States v. Gammicchia, 498 F.3d 467 (7th Cir. 2007) (when a criminal appeal is frivolous, the defendant’s attorneys should file an Anders motion), his appointed counsel moved to withdraw because he cannot discern a nonfrivolous basis for appeal. See Anders v. California, 386 U.S. 738 (1967). * * *
Most frivolous criminal appeals are offered by the attorney because the defendant wanted the lawyer to appeal. We have pointed out that no one has the right to file a frivolous appeal and that an attorney has a duty to file an Anders brief rather than argue silly grounds for reversals. United States v. Bullion, 466 F.3d 574 (7th Cir. 2006). We commend attorney James McKinley for his handling of this appeal. We recognize that tension exists between our directions and the need to faithfully represent one’s clients. Here the matter was handled with exactly the proper balance.
The motion to withdraw is GRANTED and the ruling of the District Court is AFFIRMED.
Posted by Marcia Oddi on November 13, 2007 01:10 PM
Posted to Ind. (7th Cir.) Decisions