Kinte Graves v. Scott McEwen

The central question in this case is what procedure appointed counsel in a habeas appeal should follow when seeking to withdraw. Ninth Circuit Rule 4-l(e)(6) provides the answer.

I.

In 2003, Kinte Graves was convicted in California state court of various felonies. The convictions were affirmed on direct appeal and the California Supreme Court denied a petition for review. The superior court denied Graves’ state habeas corpus petition. Graves did not seek habeas review in either the California Court of Appeal or the California Supreme Court.

Graves then filed a 28 U.S.C. § 2254 habeas corpus petition in the United States District Court for the Eastern District of California. The, district court denied relief, but issued a certificate of ap-pealability (“COA”) on five issues. The court then appointed appellate counsel for Graves under the Criminal Justice Act, 18 U.S.C. § 3006A.

Counsel subsequently filed an opening brief in this court in the style required by Anders v. California for direct criminal appeals in which appellate counsel can find no viable issues. 386 U.S. 738, 744 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967). Citing to applicable law and the record, the…