8th Cir. R. 27B: Filing Notices of Appeal and Motions to Withdraw in Criminal Cases
Rules of Appellate Procedure and Internal Operating Procedures of the Eighth Circuit — Title VII. General Provisions
(a) Notices of Appeal. Retained counsel in criminal cases, and counsel appointed to represent a party pursuant to the provisions of the Criminal Justice Act, 18 U.S.C. § 3006A, Federal Rule of Criminal Procedure 44, or the inherent power of a federal court, must file a notice of appeal upon their client’s request. Defendant’s trial counsel, whether retained or appointed, must represent the defendant on appeal, unless the Court of Appeals grants permission to withdraw.
(b) Motions to Withdraw. A motion to withdraw on the ground that in counsel’s opinion there are no non-frivolous issues to be urged on appeal must be accompanied by a brief prepared in accordance with the procedures enunciated in Anders v. California, 386 U.S. 738 (1967), and Robinson v. Black, 812 F.2d 1084 (8th Cir. 1987). A motion to withdraw on any other ground will only be granted for good cause shown, and will rarely be granted unless another attorney has entered an appearance for the defendant on appeal or another attorney has agreed to represent the defendant on appeal and the defendant has consented to the appearance of that new attorney.