In Re Schulman
- Decided
- April 30, 2008
- Docket
- AP-75,911
- Status
- Published
- Jurisdiction
- Texas
Cited 4,276 timesNo negative treatment found in this library
What later courts said
- stating that court of appeals will not grant motion on Anders brief without reviewing record carefully — Banks v. State (2009)
- noting that Anders brief accompanies motion to withdraw as assurance to appellate court that attorney has made a thorough and conscientious examination of record — Cullin Lane Lumpkins v. State (2011)
- noting that until a motion to withdraw is granted, counsel still represents his or her client — Jose Octavio Diaz v. State (2016)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
OPINION COCHRAN, J., delivered the opinion of the unanimous Court.
Mr. David Schulman, the appointed appellate attorney for Marlyn Solanas, filed an application for a writ of mandamus with this Court claiming that the Seventh Court of Appeals violated a ministerial duty when it ordered him to file a motion to withdraw as counsel along with his Anders [1] brief. That brief concludes, as all Anders briefs conclude, that his client’s appeal is “frivolous,” but Mr. Schulman argues that, while counsel for the defense may file an Anders brief, he is not obligated to simultaneously file a motion to withdraw from representation. This is backwards. Under both Supreme Court and Texas precedent, when counsel files a motion to withdraw because he believes the appeal is frivolous, he may simultaneously file an Anders brief. An Anders brief may not be filed without a motion to withdraw, as the sole purpose of an Anders brief is to explain and support the motion to withdraw. The court of appeals did not err, much less violate a ministerial duty. We therefore deny relief on this application for a writ of mandamus.
I.
Cite this
In Re Schulman, 252 S.W.3d 403 (2008)Read the full opinion
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