Blanch v. State

• Court: Supreme Court of Delaware
• Decided: February 13, 2025
• Docket: 272, 2024
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF DELAWARE

ANDREW BLANCH, § § Defendant Below, § No. 272, 2024 Appellant, § § Court Below—Superior Court v. § of the State of Delaware § STATE OF DELAWARE, § Cr. ID No. N2301015397 § Appellee. §

Submitted: December 12, 2024 Decided: February 13, 2025

Before SEITZ, Chief Justice; LEGROW and GRIFFITHS, Justices.

ORDER

After consideration of the brief and motion to withdraw filed by the

appellant’s counsel under Supreme Court Rule 26(c), the State’s response, and the

record on appeal, it appears to the Court that:

(1) A Superior Court jury found the appellant, Andrew Blanch, guilty of

criminal contempt of a domestic violence protective order. The jury acquitted

Blanch of multiple charges of noncompliance with bond conditions. The Superior

Court sentenced Blanch to serve 364 days in prison, with credit for 364 days

previously served. This is Blanch’s direct appeal.

(2) Blanch’s counsel has filed a brief and a motion to withdraw under

Supreme Court Rule 26(c). Counsel asserts that, based upon a conscientious review of the record and the law, the appeal is without merit. In his statement filed under

Rule 26(c), counsel indicates that he provided Blanch with a copy of the motion to

withdraw and the accompanying brief and informed Blanch of his right to submit

any points that he wanted this Court to consider on appeal. Blanch has not submitted

any points for the Court’s consideration. The State has responded to the Rule 26(c)

brief and argues that the Superior Court’s judgment should be affirmed.

(3) When reviewing a motion to withdraw and an accompanying brief

under Rule 26(c), this Court must be satisfied that the appellant’s counsel has made

a conscientious examination of the record and the law for arguable claims.1 This

Court must also conduct its own review of the record and determine whether “the

appeal is indeed so frivolous that it may be decided without an adversary

presentation.”2

(4) The Court has reviewed the record carefully and concluded that the

appeal is wholly without merit and devoid of any arguably appealable issue. We

also are satisfied that counsel made a conscientious effort to examine the record and

the law and properly determined that Blanch could not raise a meritorious claim on

appeal.

1 Penson v. Ohio, 488 U.S. 75, 82-83 (1988); McCoy v. Court of Appeals of Wisconsin, 486 U.S. 429, 442 (1988); Anders v. California, 386 U.S. 738, 744 (1967). 2 Penson, 488 U.S. at 82.

2 NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior

Court is AFFIRMED. The motion to withdraw is moot.

BY THE COURT:

/s/ N. Christopher Griffiths Justice