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Reading is difficult. As a writer, I help the reader every way I can think of. As a reader, I work hard not to miss the big things in the middle of the road.

Wednesday, June 26, 2013

Dangers of an Anders Brief

The appointed appellate defense lawyer  for D'Kemaan West(What a great name!) in the appeal of his conviction, couldn't find any error in West's trial, so that attorney filed an Anders brief, and the Nines let Mr. West himself file a pro se brief. Somebody- not the appointed appellate lawyer-- found that the trial judge had written a fine into the judgment that the judge had not imposed in the oral rendition.  The court of appeals reformed the judgment to avoid the offending fine, and called it a day. I wrote in February about four cases where the Ninth had found problems with attorneys' fees or fines. The lesson, my learned friends, is that you must be very careful before filing an Anders brief, because if you file one and you have missed some error you will end up mortified. I have only filed one, and it has not yet come back to bite me.
West v. State, No. 09-12-00375-CR, (Tex. App--Beaumont, Jun. 26, 2013) (mem. op.) (no pet. h.)

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