State v. May

Louisiana Court of Appeal

State v. May

482 So. 2d 759, 1985 La. App. LEXIS 10556

CourtLouisiana Court of Appeal

DecidedDecember 26, 1985

DocketNo. KA851198

StatusPublished

This text of 482 So. 2d 759 (State v. May) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. May, 482 So. 2d 759, 1985 La. App. LEXIS 10556 (La. Ct. App. 1985).

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Opinion

PER CURIAM

Motion to withdraw as counsel of record based on the appeal being frivolous is denied.

If counsel takes an appeal we will not then allow counsel to withdraw on the grounds the appeal counsel has taken is frivolous. We will consider all errors assigned and briefed by counsel whether or not counsel considers them frivolous. We do not require counsel to take an appeal where it is considered frivolous. If taken, we do not require counsel to assign as error or brief issues counsel considers frivolous. Appeals taken where no errors are assigned or briefed will be reviewed only for patent error under La.C.Cr.P. art. 920(2).

Louisiana’s limitation of appellate courts to patent error review precludes allowing counsel to withdraw on filing a “no merit brief”. Substantial equality and fair process can only be obtained by counsel remaining of record. Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

MOTION DENIED.

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PER CURIAM

Motion to withdraw as counsel of record based on the appeal being frivolous is denied.

If counsel takes an appeal we will not then allow counsel to withdraw on the grounds the appeal counsel has taken is frivolous. We will consider all errors assigned and briefed by counsel whether or not counsel considers them frivolous. We do not require counsel to take an appeal where it is considered frivolous. If taken, we do not require counsel to assign as error or brief issues counsel considers frivolous. Appeals taken where no errors are assigned or briefed will be reviewed only for patent error under La.C.Cr.P. art. 920(2).

Louisiana’s limitation of appellate courts to patent error review precludes allowing counsel to withdraw on filing a “no merit brief”. Substantial equality and fair process can only be obtained by counsel remaining of record. Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

MOTION DENIED.

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Bluebook (online)

482 So. 2d 759, 1985 La. App. LEXIS 10556, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-may-lactapp-1985.

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