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EVANS v. CLARKE

No. 88-1351.

868 F.2d 267 (1989)

Joel R. EVANS, Appellee, v. Harold W. CLARKE, Warden of the Nebraska Penal and Correctional Complex, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided February 14, 1989.

Attorney(s) appearing for the Case

L. Jay Bartel, Lincoln, Neb., for appellant.

Jerry L. Soucie, Lincoln, Neb., for appellee.

Before ARNOLD and MAGILL, Circuit Judges, and ROSS, Senior Circuit Judge.

ARNOLD, Circuit Judge.

In this case we again revisit Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 943 (1967), which lays down the duties of an appointed counsel and an appellate court when counsel concludes that a direct criminal appeal is frivolous and moves for leave to withdraw. We do so with fresh guidance from the Supreme Court in the form of Penson v. Ohio, ___ U.S. ___, 109 S.Ct. 346, 102 L.Ed.2d...

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