Narrative Opinion Summary
The Texas Court of Appeals, Third District, has granted the motion to withdraw filed by the appellant's appointed counsel, Mr. Gary Taylor. The appeal has been abated to facilitate the immediate appointment of substitute counsel by the district court. The court requires that a copy of the order appointing the new counsel be submitted to it by August 5, 2005. The decision was made by Justice Bob Pemberton, with Justices B. A. Smith and Puryear also participating. The memorandum opinion was filed on July 29, 2005. Counsel's withdrawal is due to his new employment as a federal public defender in Nevada, effective August 1, 2005, following his previous filing of a brief on behalf of the appellant.
Legal Issues Addressed
Abatement of Appeal for Appointment of Substitute Counselsubscribe to see similar legal issues
Application: The appeal was abated to allow for the appointment of a new counsel to represent the appellant, ensuring continued legal representation.
Reasoning: The appeal has been abated to facilitate the immediate appointment of substitute counsel by the district court.
Effect of Counsel's New Employment on Representationsubscribe to see similar legal issues
Application: Due to the counsel's new position as a federal public defender, effective August 1, 2005, he could no longer represent the appellant.
Reasoning: Counsel's withdrawal is due to his new employment as a federal public defender in Nevada, effective August 1, 2005.
Procedural Requirements for Appointment of New Counselsubscribe to see similar legal issues
Application: The court set a deadline for the submission of the order appointing new counsel to ensure timely progression of the case.
Reasoning: The court requires that a copy of the order appointing the new counsel be submitted to it by August 5, 2005.
Withdrawal of Appointed Counselsubscribe to see similar legal issues
Application: The court granted the motion for withdrawal of the appellant's appointed counsel due to his new employment obligations.
Reasoning: The Texas Court of Appeals, Third District, has granted the motion to withdraw filed by the appellant's appointed counsel, Mr. Gary Taylor.