Joel R. Evans v. Harold W. Clarke, Warden of the Nebraska Penal and Correctional Complex

ARNOLD, Circuit Judge.

In this case we again revisit Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (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 300 (1988), which proves the Court’s continued dedication to the vigorous enforcement of Anders. The case before us illustrates how quickly the law can change, at least as it…