What happens when an attorney says my appeal is frivolous in Texas?
This question has been addressed in 8 Texas court opinions:
CB Sanders v. The State of Texas
COA07 — February 5, 2026
In Sanders v. State, the Seventh Court of Appeals addressed whether an appeal has merit after a defendant enters a 'plea of true' to violating community supervision. The appellant, who was originally on deferred adjudication for promoting prostitution, admitted to ten violations. The court analyzed the case under the Anders framework, which requires an independent review of the record for nonfrivolous issues. The court held that because a 'plea of true' constitutes sufficient evidence standing alone to support an adjudication of guilt, the appeal was meritless. This ruling confirms that such admissions are legally conclusive, leaving no room for a defendant to challenge the evidentiary basis of the trial court's judgment.
Litigation Takeaway
“A criminal 'plea of true' is a powerful judicial admission that can be leveraged in family law litigation. If a parent admits to criminal violations in a criminal court, they are effectively barred from denying that conduct in a custody or divorce case, making it much easier to prove that their behavior is not in the child's best interest.”
In the Interest of L.S.
COA09 — February 12, 2026
In this parental rights termination case, the mother's rights were terminated based on findings of endangering conditions, endangering conduct, prior termination, and failure to comply with a court-ordered service plan. On appeal, the mother's appointed counsel filed an Anders brief, stating that a professional review of the record revealed no non-frivolous grounds for appeal. The Ninth Court of Appeals conducted an independent evaluation of the trial record to ensure the 'clear and convincing' evidence standard was met. Finding that counsel had followed all procedural requirements and that no arguable grounds for reversal existed, the court affirmed the trial court's judgment.
Litigation Takeaway
“Even when an attorney determines an appeal is meritless and files an Anders brief, the appellate court must still independently verify that the trial record supports the termination of parental rights by clear and convincing evidence. For practitioners, this highlights the necessity of meticulously documenting statutory grounds during trial to ensure the judgment survives appellate scrutiny.”
Granado v. The State of Texas
COA13 — January 29, 2026
After being convicted of kidnapping and aggravated assault and sentenced to 25 years in prison, Daniel Granado appealed. His court-appointed counsel filed an Anders brief, asserting that the appeal was frivolous. The Thirteenth Court of Appeals conducted an independent review of the record and the procedural steps taken by counsel. Finding no arguable grounds for error in the adjudication of guilt or the enhanced sentencing, the court affirmed the convictions. This finality is significant for family law proceedings, as it provides a conclusive basis to invoke Texas Family Code § 153.004, which restricts conservatorship and possession for parents with a history of family violence.
Litigation Takeaway
“A final criminal conviction for a violent offense serves as an 'unassailable' evidentiary sword in family court; practitioners should use an appellate affirmance to trigger the mandatory JMC prohibitions and rebuttable presumptions against possession found in Texas Family Code § 153.004.”
In the Interest of I.H., A Child
COA02 — January 30, 2026
A father challenged the termination of his parental rights, arguing that he was denied due process because he was not transported from jail for his trial and that the evidence was insufficient to support the termination. The Fort Worth Court of Appeals analyzed the father's history of substance abuse and his repeated refusal to submit to court-ordered drug testing, concluding that such refusals create a legal inference of ongoing drug use. The court held that this "presumption of use," combined with the child's drug exposure at birth, supported an endangerment finding. Additionally, the court held that because the father's attorney did not explicitly raise a constitutional objection to the father's absence during the trial, those due process claims were waived for appeal.
Litigation Takeaway
“Refusing a court-ordered drug test is not a neutral act; Texas courts treat a refusal as substantive evidence of illegal drug use and child endangerment. Furthermore, if a parent is unable to attend a hearing, counsel must explicitly cite constitutional due process grounds on the record to preserve the right to appeal that absence.”
IN THE INTEREST OF T.F., A CHILD
COA02 — January 30, 2026
In this case, a father appealed the termination of his parental rights. His court-appointed attorney filed an Anders brief, stating that after a thorough review of the record, there were no valid legal grounds for an appeal, and simultaneously moved to withdraw as counsel. The Second Court of Appeals performed its own independent review of the record and agreed that the appeal was frivolous, affirming the trial court's termination order. However, the court denied the attorney's motion to withdraw. Applying the Texas Supreme Court's standard from In re P.M., the court held that an appointed attorney’s duty in a termination case continues through the filing of a petition for review with the Texas Supreme Court, and the mere fact that an appeal is frivolous does not constitute 'good cause' to allow an attorney to withdraw.
Litigation Takeaway
“In parental termination cases, an appointed attorney’s obligation to their client is extensive; filing an Anders brief due to a lack of merit does not automatically permit the attorney to withdraw. Counsel must remain on the case through the Texas Supreme Court stage unless they can demonstrate specific 'good cause'—such as a conflict of interest—that is independent of the appeal's lack of merit.”
Ougo Menchaca Vela v. The State of Texas
COA13 — January 29, 2026
In this criminal appeal, Appellant Ougo Menchaca Vela challenged his conviction and twenty-year sentence for indecency with a child. His court-appointed counsel filed an Anders brief, asserting that the appeal was frivolous and presented no arguable grounds for reversal. The Thirteenth Court of Appeals conducted an independent review of the entire record, including the jury's verdict and the legality of the sentence, as required by Texas appellate standards. The court concluded that there were no procedural or substantive errors and affirmed the trial court's judgment while granting counsel's motion to withdraw.
Litigation Takeaway
“An Anders affirmance of a criminal conviction for a sexual offense against a child provides the necessary finality to trigger mandatory termination grounds and conservatorship restrictions under the Texas Family Code. For family law practitioners, this opinion eliminates a respondent's ability to stay civil proceedings pending appeal, allowing for immediate summary judgment on predicate grounds like TFC § 161.001(b)(1)(L).”
Zipper v. State
COA03 — February 20, 2026
After Paul Daniel Zipper pleaded guilty to multiple violent felonies including murder and aggravated assault, his court-appointed counsel filed an Anders brief asserting that any appeal would be frivolous. The Third Court of Appeals conducted an independent review of the record, including the voluntariness of the plea and the statutory ranges of the sentences imposed. Finding no arguably meritorious grounds for reversal, the court affirmed the convictions and granted counsel's motion to withdraw, establishing the finality of the criminal record for subsequent legal proceedings.
Litigation Takeaway
“In SAPCR litigation, use a criminal Anders affirmation to defeat a parent's claim that their conviction is 'pending appeal.' By showing the appellate court found the appeal 'wholly frivolous,' family law practitioners can move for immediate restrictions on conservatorship and access under Texas Family Code § 153.004 without waiting for the exhaustion of all criminal remedies.”
Zipper v. State
COA03 — February 20, 2026
Paul Daniel Zipper pleaded guilty to multiple felonies, including murder and aggravated assault, and was sentenced to fifty years in prison. His court-appointed counsel filed an Anders brief, stating the appeal was frivolous. The Third Court of Appeals conducted an independent review of the record and Zipper’s pro se response, applying the framework established in Anders v. California. The court determined there were no arguably meritorious grounds for appeal, affirmed the trial court's judgments of conviction, and granted counsel’s motion to withdraw. This affirmance establishes 'appellate finality,' allowing the convictions to be used as conclusive evidence in parallel family law proceedings.
Litigation Takeaway
“An appellate affirmance of a felony conviction—especially through an Anders brief—is a powerful tool for family law litigators to secure finality in divorce and SAPCR cases. Once affirmed, these convictions serve as a 'silver bullet' to prove fault-based grounds for divorce, trigger statutory presumptions against joint managing conservatorship, and provide the necessary predicate for the termination of parental rights.”