Changes

#  The motion to withdraw must "be accompanied by a brief referring to anything in the record that might arguably support the appeal".  Any and all grounds, even if counsel considers them frivolous, must be raised in the brief.  

#  The motion to withdraw must "be accompanied by a brief referring to anything in the record that might arguably support the appeal".  Any and all grounds, even if counsel considers them frivolous, must be raised in the brief.  

#  The defendant should be given a copy of the brief and given time to raise any grounds (either ''pro se'' or by other counsel) that the defendant so chooses to raise.

#  The defendant should be given a copy of the brief and given time to raise any grounds (either ''pro se'' or by other counsel) that the defendant so chooses to raise.

#  The court must then independently "after a full examination of all the proceedings" decide if the appeal is wholly frivolous.  If the court decides it is, then it is to grant counsel's motion to withdraw and then (depending on state law) either dismiss the appeal or rule on its merits, but must still allow the defendant to further appeal if desired.  If the court, though, finds that there is at least one non-frivolous ground, it must then allow the defendant the right to make the case and appoint counsel if needed.  (As part of an ''Anders'' brief, an attorney may request that, if the court finds a non-frivolous ground(s) for appeal, the attorney be allowed to withdraw the brief and remain as counsel, whereupon the attorney would then amend the appeal to argue on the ground(s) that the court has found.)

#  The court must then independently "after a full examination of all the proceedings" decide if the appeal is wholly frivolous.  If the court decides it is, then it is to grant counsel's motion to withdraw and then (depending on state law) either dismiss the appeal or rule on its merits but must still allow the defendant to further appeal if desired.  If the court, though, finds that there is at least one non-frivolous ground, it must then allow the defendant the right to make the case and appoint counsel if needed.  (As an alternative argument, an attorney may request within such a brief that, if the court finds a non-frivolous ground(s) for appeal, the attorney be allowed to withdraw the brief, remain as counsel, and be permitted to amend the appeal to argue on the ground(s) that the court has found.)

Some states have modified the requirements, such as not permitting the attorney to withdraw (but not subjecting him/her to sanctions for filing frivolous briefs).

Some states have modified the requirements, such as not permitting the attorney to withdraw (but not subjecting him/her to sanctions for filing frivolous briefs).