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In re O.B.

Citation: 2022 Ohio 2987Docket: CA2022-04-020 CA2022-04-023 CA2022-04-024

Court: Ohio Court of Appeals; August 29, 2022; Ohio; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The Court of Appeals for the Twelfth Appellate District of Ohio reviewed an appeal from the Warren County Court of Common Pleas, Juvenile Division, concerning three case numbers. The appellant, referred to as Mother, was represented by counsel who filed a brief under Anders v. California, stating that an examination of the trial court's record revealed no prejudicial errors impacting the appellant's rights. The brief identified three potential but ultimately unsubstantial errors that could support the appeal. Counsel sought to withdraw, having concluded that the appeal was frivolous, and served the motion and brief to the appellant. The court provided the appellant an opportunity to respond, which went unanswered. After an independent review, the court concurred with counsel's assessment, finding no prejudicial errors, and granted the motion to withdraw. Judges Piper, Powell, and Hendrickson unanimously dismissed the appeal as wholly frivolous, affirming the trial court's decisions without identifying any reversible errors.

Legal Issues Addressed

Anders Brief Procedure

Application: Counsel for the appellant filed a brief pursuant to Anders v. California, indicating that after a thorough review, no prejudicial errors were found in the trial court's record that would affect the appellant's rights.

Reasoning: Appellant's counsel submitted a brief following the guidelines of Anders v. California, indicating that a thorough review of the trial court's record revealed no prejudicial errors affecting the appellant's rights.

Frivolous Appeals

Application: The appeal was dismissed as wholly frivolous after both counsel's and the court's independent assessments found no viable grounds for appeal.

Reasoning: Consequently, it granted counsel's motion to withdraw and dismissed the appeal as wholly frivolous.

Independent Judicial Review

Application: The appellate court conducted its own thorough review of the record and agreed with counsel's assessment that no prejudicial errors existed, leading to the dismissal of the appeal.

Reasoning: Upon independent review of the record, the court found no prejudicial errors.

Withdrawal of Counsel

Application: The court granted the motion for counsel to withdraw after determining that the appeal was wholly frivolous, following the procedures outlined in Anders.

Reasoning: Counsel requested permission to withdraw based on this assessment and confirmed that both the brief and the motion to withdraw had been served to the appellant.