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State v. Patel

Citation: 2022 Ohio 502Docket: CA2021-08-101

Court: Ohio Court of Appeals; February 21, 2022; Ohio; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Amit Patel appealed his conviction in the Butler County Court of Common Pleas. His attorney submitted an Anders brief, indicating that a thorough review of the case record revealed no prejudicial errors by the trial court and only one potential error that might support the appeal. The counsel requested independent review by the appellate court, permission to withdraw due to the appeal being deemed frivolous, and confirmed that Patel was served with the brief and motion. After providing Patel with time to respond, the court found no prejudicial errors in the trial proceedings. Consequently, the request for counsel to withdraw was granted, and the appeal was dismissed as wholly frivolous. The decision was concurred by Judges Powell, Hendrickson, and Byrne.

Legal Issues Addressed

Appellant's Right to Respond

Application: The appellant, Amit Patel, was provided time to respond to the Anders brief before the court reached a decision.

Reasoning: After providing Patel with time to respond, the court found no prejudicial errors in the trial proceedings.

Court's Independent Review Obligation

Application: Upon receiving an Anders brief, the appellate court conducted an independent review of the trial court's proceedings to determine the presence of any non-frivolous issues.

Reasoning: The counsel requested independent review by the appellate court, permission to withdraw due to the appeal being deemed frivolous, and confirmed that Patel was served with the brief and motion.

Submission of Anders Brief

Application: The defense attorney submitted an Anders brief, asserting that a comprehensive examination of the case record showed no prejudicial errors warranting an appeal.

Reasoning: His attorney submitted an Anders brief, indicating that a thorough review of the case record revealed no prejudicial errors by the trial court and only one potential error that might support the appeal.

Withdrawal of Counsel in Frivolous Appeals

Application: The appellate court granted the attorney's request to withdraw after determining that the appeal was wholly frivolous, following the independent review.

Reasoning: Consequently, the request for counsel to withdraw was granted, and the appeal was dismissed as wholly frivolous.