An-ders brief in Pennsylvania

2006Counsel’s Anders brief and petition to withdraw aver that counsel made a conscientious examination of the record and found the appeal to be “wholly frivolous.” The An-ders brief filed in the present case reveals that defense counsel adhered to the admonition that “counsel who honestly believes that an appeal is wholly frivolous need not argue as an advocate would, but need only set out the issues in brief ‘neutral’ form in order that a reviewing court, in most instances this Court, can address the defendant’s contentions.” Smith, 700 A.2d at 1303 .

2006Subsequently, appellate counsel filed with this Court a petition seeking to withdraw her representation and an Anders brief. ¶ 7 “When faced with a purported An-ders brief, this Court may not review the merits of the underlying issues without first passing on the request to withdraw.” Commonwealth v. Smith, 700 A.2d 1301, 1303 (Pa.Super.1997) (citation omitted).

2010See Adams v. Pennsylvania Board of Probation and Parole, 885 A.2d 1121, 1123 (Pa.Cmwlth.2005) (stating that “[i]f counsel provides an Anders brief to his client, the brief must contain, at a minimum, the list of issues raised by the parolee and an explanation of why those issues are without merit”); Wesley v. Pennsylvania Board of Probation and Parole, 150 Pa.Cmwlth. 54 , 614 A.2d 355, 356 (1992) (explaining that because, under Turner, a no-merit letter requires less than an Anders brief, “an An-ders brief must contain at a minimum, the list of issues raised by petitioner and explanation of wh

2010See Adams v. Pennsylvania Board of Probation and Parole, 885 A.2d 1121, 1123 (Pa.Cmwlth.2005) (stating that “[i]f counsel provides an Anders brief to his client, the brief must contain, at a minimum, the list of issues raised by the parolee and an explanation of why those issues are without merit”); Wesley v. Pennsylvania Board of Probation and Parole, 150 Pa.Cmwlth. 54 , 614 A.2d 355, 356 (1992) (explaining that because, under Turner, a no-merit letter requires less than an Anders brief, “an An-ders brief must contain at a minimum, the list of issues raised by petitioner and explanation of wh

2010See Adams v. Pennsylvania Board of Probation and Parole, 885 A.2d 1121, 1123 (Pa.Cmwlth.2005) (stating that “[i]f counsel provides an Anders brief to his client, the brief must contain, at a minimum, the list of issues raised by the parolee and an explanation of why those issues are without merit”); Wesley v. Pennsylvania Board of Probation and Parole, 150 Pa.Cmwlth. 54 , 614 A.2d 355, 356 (1992) (explaining that because, under Turner, a no-merit letter requires less than an Anders brief, “an An-ders brief must contain at a minimum, the list of issues raised by petitioner and explanation of wh

2010A no-merit letter must include an explanation of “the nature and extent of [counsel’s] review and list[ ] each issue the petitioner wished to have raised, with counsel’s explanation of why those issues [are] mer-itless.” Commonwealth v. Turner, 518 Pa. 491, 494-95 , 544 A.2d 927, 928 (1988). 5 If counsel has not satisfied the technical requirements of a no-merit letter, then this Court will deny counsel’s request to withdraw and direct counsel to either file a renewed request with supporting documentation that complies with the technical requirements of a no-merit letter or an advocate’s brief

2010A no-merit letter must include an explanation of “the nature and extent of [counsel’s] review and list[ ] each issue the petitioner wished to have raised, with counsel’s explanation of why those issues [are] mer-itless.” Commonwealth v. Turner, 518 Pa. 491, 494-95 , 544 A.2d 927, 928 (1988). 5 If counsel has not satisfied the technical requirements of a no-merit letter, then this Court will deny counsel’s request to withdraw and direct counsel to either file a renewed request with supporting documentation that complies with the technical requirements of a no-merit letter or an advocate’s brief

2006As noted above, defense counsel seeks to withdraw his representation on the grounds that he finds the issue to be without merit, and the appeal “wholly frivolous.” ¶ 6 Initially, we note that “[w]hen faced with a purported Anders brief, this Court may not review the merits of the underlying issues without first passing on the request to withdraw.” Commonwealth v. Rojas, 874 A.2d 638, 639 (Pa.Super.2005) (quoting Commonwealth v. Smith, 700 A.2d 1301, 1303 (Pa.Super.1997)).