Duane W. Sanders v. Harold W. Clarke, Warden, Nebraska State Prison

ARNOLD, Circuit Judge.

In this habeas appeal we consider the intersection between the procedure counsel must follow to withdraw from a frivolous appeal under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and the standards for effective assistance of counsel set forth in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). The District Court held the no-merit brief filed by defendant’s counsel did not comply with Anders, and then, believing no showing of prejudice was necessary to prove ineffective assistance of counsel, conditionally…