Ninth Circuit Rules Anders Procedure Is Required in Habeas Appeal Withdrawals

Appointed counsel in a habeas corpus appeal who determines that there is no issue worthy of appeal must file an Anders-type brief when moving to withdraw, the U.S. Court of Appeals for the Ninth Circuit ruled Sept. 24. (Graves v. McEwen, 2013 BL 255398, 9th Cir., No. 10-17203)

The circuits are divided on the question of whether lawyers appointed under the Criminal Justice Act to handle habeas petitions must follow the procedures set out in Anders v . California, 386 U.S. 738 (1967), before withdrawing.

In an opinion by Judge Andrew D. Hurwitz, the court clarified ...