Austin v. United States
Headline: Court allows an appointed criminal-defense lawyer to withdraw and says circuit rules cannot force filing of frivolous Supreme Court petitions, protecting lawyers from sanctions and prompting circuit plan changes.
Holding: The Court granted the appointed lawyer’s request to withdraw and held that the Criminal Justice Act does not require counsel to file frivolous petitions, so circuit plans must allow relief from mandatory filing requirements.
- Allows appointed lawyers to avoid filing frivolous Supreme Court petitions.
- Urges circuit courts to revise plans to permit relief from mandatory filing.
- May reduce meritless certiorari petitions filed by indigent litigants.
Summary
Background
A man who pleaded guilty to possessing crack cocaine with intent to distribute was sentenced to 151 months. His court-appointed lawyer filed an Anders brief saying there were no meritorious issues, and the Fourth Circuit affirmed the conviction and sentence. The defendant asked his lawyer to file a petition asking the Supreme Court to review the case. The lawyer asked this Court for permission to withdraw instead of filing a petition before the deadline.
Reasoning
The central question was whether a circuit’s plan can force an appointed lawyer to file a Supreme Court petition even if the lawyer believes it is frivolous and might violate this Court’s rules against frivolous filings. The Fourth Circuit’s plan says counsel “shall prepare and file” a petition if a defendant requests it. This Court explained that the Criminal Justice Act does not require lawyers to file papers that would break Supreme Court rules, and that the constitutional right to appointed briefs on direct appeal does not extend to discretionary Supreme Court review. The Court granted the lawyer’s request to withdraw and advised circuits to let lawyers avoid filing petitions that present only frivolous claims.
Real world impact
Appointed lawyers now can seek relief from circuit rules that mandate filing frivolous Supreme Court petitions. The opinion urges circuit councils to change their plans so attorneys are not placed between a client’s request and this Court’s anti-frivolous rules. The ruling addresses how appointed counsel handle discretionary Supreme Court petitions and aims to reduce meritless filings.
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