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in the Interest of D.L.R., Jr., D.L.W.R., and D.L.L.R., Children

Citation: Not availableDocket: 04-22-00811-CV

Court: Court of Appeals of Texas; February 15, 2023; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Appellant A.G. is appealing the termination of her parental rights in the case concerning her children, D.L.R. Jr., D.L.W.R., and D.L.L.R. The court-appointed attorney filed a brief and motion to withdraw, citing no meritorious issues for appeal, in accordance with the Anders v. California procedure. This approach is intended to protect the appellant's right to counsel and ensure ethical obligations are met, as established in previous case law. On February 4, 2023, the attorney notified A.G. of her right to review the record and file her own brief, providing her with a “Motion for Pro Se Access to Appellate Record.” A.G. must file a written request for the record by February 27, 2023, and if she chooses to submit a pro se brief, it must be filed by March 20, 2023. The appellee will have twenty days to respond to any pro se brief filed by A.G. The court has held the motion to withdraw in abeyance pending further orders. The order was issued on February 16, 2023.

Legal Issues Addressed

Anders Brief Procedure

Application: The court-appointed attorney followed the Anders procedure by filing a brief and motion to withdraw, indicating no meritorious issues for appeal.

Reasoning: The court-appointed attorney filed a brief and motion to withdraw, citing no meritorious issues for appeal, in accordance with the Anders v. California procedure.

Motion to Withdraw Held in Abeyance

Application: The court has deferred action on the attorney's motion to withdraw pending further orders.

Reasoning: The court has held the motion to withdraw in abeyance pending further orders.

Pro Se Access to Appellate Record

Application: A.G. was informed of her right to review the record and file her own brief and was provided with the necessary motion for pro se access.

Reasoning: On February 4, 2023, the attorney notified A.G. of her right to review the record and file her own brief, providing her with a 'Motion for Pro Se Access to Appellate Record.'

Response Time for Appellee Brief

Application: The appellee is granted a twenty-day period to respond to any pro se brief filed by A.G.

Reasoning: The appellee will have twenty days to respond to any pro se brief filed by A.G.

Right to Counsel and Ethical Obligations

Application: The use of the Anders procedure ensures the protection of the appellant's right to counsel and adherence to ethical obligations.

Reasoning: This approach is intended to protect the appellant's right to counsel and ensure ethical obligations are met, as established in previous case law.

Termination of Parental Rights under Civil Code

Application: The appellant A.G. is contesting the termination of her parental rights concerning her children.

Reasoning: Appellant A.G. is appealing the termination of her parental rights in the case concerning her children, D.L.R. Jr., D.L.W.R., and D.L.L.R.

Timeline for Filing Pro Se Brief

Application: A.G. must adhere to specified deadlines for requesting the record and filing a pro se brief, with specific dates set for each action.

Reasoning: A.G. must file a written request for the record by February 27, 2023, and if she chooses to submit a pro se brief, it must be filed by March 20, 2023.