What happens when an attorney says my appeal is frivolous in Texas?
This question has been addressed in 3 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 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.”