Leon Van Buren Freer v. The State of Wyoming

2024 WY 123, 558 P.3d 959

• Court: Wyoming Supreme Court
• Decided: November 21, 2024
• Docket: S-24-0208
• Status: Published

Opinion

IN THE SUPREME COURT, STATE OF WYOMING

2024 WY 123

October Term, A.D. 2024

November 21, 2024

LEON VAN BUREN FREER,

Appellant (Defendant),

v. S-24-0208

THE STATE OF WYOMING,

Appellee (Plaintiff).

ORDER AFFIRMING THE DISTRICT COURT’S ORDER DENYING MOTION FOR NEW TRIAL BASED ON NEWLY DISCOVERED EVIDENCE [¶1] This matter came before the Court upon its own motion following filing of the Pro- Se Brief of Appellant. Appellant took this appeal to challenge the district court’s May 2, 2024, Order Denying Motion for New Trial Based on Newly Discovered Evidence.

[¶2] On September 24, 2024, Appellant’s court-appointed appellate counsel filed a Motion to Withdraw as Counsel, pursuant to Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400, 18 L.Ed.2d 493 (1967). This Court entered an Order Granting Motion for Extension of Time to File Pro Se Brief, and ordered that Appellant was permitted to file with this Court a pro se brief specifying the issues he would like the Court to consider in this appeal. This Court also provided notice that, after the time for filing a pro se brief expired, this Court would make its ruling on counsel’s motion to withdraw and, if appropriate, make a final decision on this appeal. Appellant timely filed his pro se brief November 4, 2024.

[¶3] Now, following a careful review of the pro se brief, the record, and the Anders brief submitted by appellate counsel, this Court finds that appellate counsel’s motion to withdraw should be granted and the district court’s Order Denying Motion for New Trial Based on Newly Discovered Evidence should be affirmed. It is, therefore, [¶4] ORDERED that the Wyoming Public Defender’s Office, court-appointed counsel for Appellant Leon Van Buren Freer, is hereby permitted to withdraw as counsel of record for Appellant; and it is further

[¶5] ORDERED that the Converse County District Court’s May 2, 2024, Order Denying Motion for New Trial Based on Newly Discovered Evidence, be, and the same hereby is, affirmed.

[¶6] DATED this 21st day of November, 2024.

BY THE COURT:

/s/

KATE M. FOX Chief Justice