Nicholas Ryan Nadeau v. The State of Texas

Summary

The Fifth District Court of Appeals of Texas granted attorney Matthew Maddox’s motion to withdraw as counsel for appellant Nicholas Ryan Nadeau. The court ordered the trial court to appoint new appellate counsel, transmit a supplemental clerk’s record, and abated the appeal pending compliance.

Holdings

1. The court granted Matthew Maddox's motion to withdraw as counsel for Nadeau and directed the clerk to remove him as counsel of record.
2. The trial court was ordered to appoint new counsel, transmit a supplemental clerk's record containing the appointment order within fifteen days, and have new appellate counsel investigate the record and file a brief within thirty days of appointment.
3. The appeal was abated pending receipt of the order appointing counsel or further action by the appellate court, and would be reinstated upon receipt of that order or when the court deemed reinstatement appropriate.

Questions Presented

1. Whether appointed appellate counsel should be permitted to withdraw and replacement counsel appointed.
2. What procedural measures were necessary to protect the appellant's representation and permit further consideration of the appeal.

Disposition

other