James A. Byrne U.S. Courthouse, which houses the U.S. Court of Appeals for the Third Circuit and the U.S. District Court for the Eastern District of Pennsylvania, in downtown Philadelphia, Pennsylvania. Photo: Diego M. Radzinschi/ALM 3rd Circuit Rejects Per Se Rule That Would Punish Attorneys 'For Not Being Clairvoyant'
"That is not a skill we require of defense counsel generally, let alone court-appointed counsel, who, as here, have heeded the court's call to public service and devoted their time and effort to the representation of indigent defendants," Judge Cheryl Ann Krause said.
November 08, 2022 at 07:07 PM
5 minute read
A new opinion by the U.S. Court of Appeals for the Third Circuit clarified the "paradox" surrounding an attorney's obligation to file an Anders brief when withdrawing from representing a criminal defendant, but ultimately determined that the adequacy of the briefs must be determined on a case-by-case basis.
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