Narrative Opinion Summary
An Anders brief was submitted by Gary Lee Reid's counsel on January 21, 2014, but no corresponding motion to withdraw was filed. The court requires a motion to withdraw to proceed with the appeal. There is insufficient evidence that counsel has fulfilled their obligation to inform Reid of his rights regarding the appellate record, the opportunity to file a brief, and the option to submit a pro se petition for discretionary review. The court mandates that counsel file a motion to withdraw within 14 days and provide proof that Reid has been informed of his rights. This proof can be a certificate attached to the motion to withdraw. Failure to comply will result in the striking of the Anders brief. The order was issued on January 30, 2014, by a panel including Chief Justice Gray, Justice Davis, and Justice Scoggins.
Legal Issues Addressed
Consequences of Non-Compliancesubscribe to see similar legal issues
Application: Failure to comply with the court's directive regarding the motion to withdraw and informing the client will result in the Anders brief being struck.
Reasoning: Failure to comply will result in the striking of the Anders brief.
Counsel's Obligation to Inform Clientsubscribe to see similar legal issues
Application: The court highlighted the counsel's duty to inform the client of his rights concerning the appellate record, the filing of a brief, and the option to file a pro se petition for discretionary review.
Reasoning: There is insufficient evidence that counsel has fulfilled their obligation to inform Reid of his rights regarding the appellate record, the opportunity to file a brief, and the option to submit a pro se petition for discretionary review.
Court's Directive for Compliancesubscribe to see similar legal issues
Application: The court mandated that the counsel must file a motion to withdraw and provide proof of informing the appellant of his rights within a specified timeframe.
Reasoning: The court mandates that counsel file a motion to withdraw within 14 days and provide proof that Reid has been informed of his rights.
Filing Requirements for Anders Briefsubscribe to see similar legal issues
Application: The court emphasized the necessity of accompanying an Anders brief with a motion to withdraw for the appeal to proceed.
Reasoning: An Anders brief was submitted by Gary Lee Reid's counsel on January 21, 2014, but no corresponding motion to withdraw was filed.