State v. Duncan

2022-Ohio-1983 (Ohio Ct. App. 2022) · Court of Appeals of Ohio, Twelfth Appellate District, Butler County · June 13, 2022 · No. CA2021-12-150; CA2021-12-151

Summary

The Twelfth District Court of Appeals of Ohio reviewed an Anders brief in Joshua Ryan Duncan's criminal appeal. After independently examining the record and finding no prejudicial error, the court granted appointed counsel's motion to withdraw and dismissed the appeal as wholly frivolous.

Holdings

  1. Independent review of the record disclosed no error prejudicial to Duncan's rights in the trial-court proceedings.
  2. Counsel's motion to withdraw was granted, and the appeal was dismissed because it was wholly frivolous.

Questions Presented

  1. Whether independent review of the record disclosed any prejudicial error or constitutional violation warranting relief.
  2. Whether appellate counsel should be permitted to withdraw under the Anders procedure when the appeal is wholly frivolous.
  3. Whether the appeal should be dismissed as wholly frivolous.

Disposition

dismissed

Cases Cited (1)

  • Anders v. California, 386 U.S. 738, 87 S.Ct. 1396 (1967)(followed)

Cited In (0)

No citing cases on record yet.

Court Document

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