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Bethay v. State

Supreme Court of Georgia
Sep 28, 1976
237 Ga. 625 (Ga. 1976)
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Summary

In Bethay v. State, 237 Ga. 625 (229 S.E.2d 406) (1976), we held that appointed counsel may withdraw from a case on appeal only upon compliance with the rules set out in Anders v. California, 386 U.S. 738 (87 S.C. 1396, 18 L.Ed.2d 493) (1966).

Summary of this case from Williams v. State
See 13 Summaries

Opinion

31433.

SUBMITTED AUGUST 13, 1976.

DECIDED SEPTEMBER 28, 1976.

Armed robbery. Lowndes Superior Court. Before Judge Horkan.

Roger E. Douglas, for appellant.

H. Lamar Cole, District Attorney, Richard Shelton, Assistant District Attorney, Arthur K. Bolton, Attorney General, for appellee.

INGRAM, Justice.

Appellant was convicted of armed robbery in the Superior Court of Lowndes County and was sentenced to eight years imprisonment. After the appeal was filed in this court, appellant's appointed counsel filed a request for permission to withdraw from the case.

Appointed counsel may withdraw from a case on appeal only upon compliance with the rules set out in Anders v. California, 386 U.S. 738 ( 87 S.C. 1396, 18 L.Ed.2d 493) (1966). Anders requires that appointed counsel accomplish the following: (1) submit to this court a request for permission to withdraw based upon counsel's opinion that, after conscientious examination of the transcript and record he finds the appeal to be "wholly frivolous"; (2) accompany the request with a brief setting forth anything of record which "might arguably support the appeal"; and, (3) furnish his indigent client a copy of the brief in order to allow the defendant to raise any points he chooses to raise. Id. at 744.

When the above requirements are satisfied by counsel, Anders requires this court to examine fully the record and transcript and determine whether the appeal is, in fact, wholly frivolous. If not found to be so, the appellant must be furnished further assistance of counsel to continue the appeal. If found to be frivolous, counsel's request to withdraw may be granted and the appeal will be dismissed. Id. at 744.

In this case, all of the Anders requirements have been accomplished. After a full and careful examination of the record, we have determined the appeal is wholly frivolous. Accordingly, counsel is granted permission to withdraw and the appeal is dismissed.

Appeal dismissed. All the Justices concur.

INGRAM, Justice.

SUBMITTED AUGUST 13, 1976 — DECIDED SEPTEMBER 28, 1976.

Summaries of

Bethay v. State

Supreme Court of Georgia
Sep 28, 1976
237 Ga. 625 (Ga. 1976)

In Bethay v. State, 237 Ga. 625 (229 S.E.2d 406) (1976), we held that appointed counsel may withdraw from a case on appeal only upon compliance with the rules set out in Anders v. California, 386 U.S. 738 (87 S.C. 1396, 18 L.Ed.2d 493) (1966).

Summary of this case from Williams v. State

In Bethay v. State, 237 Ga. 625 (229 S.E.2d 406) (1976), we held that appointed counsel may withdraw from a case on appeal only upon compliance with the rules set out in Anders v. California, 386 U.S. 738 (87 S.C. 1396, 18 L.Ed.2d 493) (1966).

Summary of this case from Hill v. State

In Bethay v. State, 237 Ga. 625 (229 S.E.2d 406), it was held that appointed counsel may withdraw from a case on appeal only upon compliance with the rules set out in Anders v. California, 386 U.S. 738 (87 SC 1396, 18 L.Ed.2d 493).

Summary of this case from Kempson v. State

In Bethay v. State, 237 Ga. 625 (229 S.E.2d 406), it was held that appointed counsel may withdraw from a case on appeal to this Court if he complies with the rules set forth in Anders v. California, 386 U.S. 738 (87 SC 1396, 18 L.Ed.2d 493).

Summary of this case from Nelson v. State

In Bethay v. State, 237 Ga. 625 (229 S.E.2d 406), it was held that appointed counsel may withdraw from a case on appeal only upon compliance with the rules set out in Anders v. California, 386 U.S. 738 (87 SC 1396, 18 L.Ed.2d 493). Our examination of the record establishes that all of the Anders requirements have been met.

Summary of this case from Clark v. State

In Bethay v. State, 237 Ga. 625 (229 S.E.2d 406) (1976), it was held that appointed counsel may withdraw from a case on appeal to this Court if he complies with the rules set forth in Anders v. California, 386 U.S. 738 (87 SC 1396, 18 L.Ed.2d 493).

Summary of this case from Scott v. State

In Bethay v. State, 237 Ga. 625 (229 S.E.2d 406), it was held that appointed counsel may withdraw from a case on appeal to this Court if he complies with the rules set forth in Anders v. California, 386 U.S. 738 (87 SC 1396, 18 L.Ed.2d 493).

Summary of this case from Butterworth v. State

In Bethay v. State, 237 Ga. 625 (229 S.E.2d 406), it was held that appointed counsel may withdraw from a case on appeal only upon compliance with the rules set out in Anders v. California, 386 U.S. 738 (87 SC 1396, 18 L.Ed.2d 493). Our examination of the record establishes that all of the Anders requirements have been met.

Summary of this case from Sanders v. State

In Bethay v. State, 237 Ga. 625 (229 S.E.2d 406), it was held that appointed counsel may withdraw from a case on appeal only upon compliance with the rules set out in Anders v. California, 386 U.S. 738 (87 SC 1396, 18 L.Ed.2d 493).

Summary of this case from Dyer v. State

In Bethay v. State, 237 Ga. 625 (229 S.E.2d 406), it was held that appointed counsel may withdraw from a case on appeal to this court if he complies with the rules set forth in Anders v. California, 386 U.S. 738 (87 SC 1396, 18 L.Ed.2d 493).

Summary of this case from Lowman v. State

In Bethay v. State, 237 Ga. 625 (229 S.E.2d 406) (1976), it was held that appointed counsel may withdraw from a case on appeal only upon compliance with the rules set out in Anders v. California, 386 U.S. 738 (87 SC 1396, 18 L.Ed.2d 493) (1966).

Summary of this case from Roberts v. State

In Bethay v. State, 237 Ga. 625 (229 S.E.2d 406), it was held that appointed counsel may withdraw from a case on appeal only upon compliance with the rules set out in Anders v. California, supra.

Summary of this case from Brown v. State

In Bethay v. State, 237 Ga. 625 (229 S.E.2d 406), it was held that appointed counsel may withdraw from a case on appeal only upon compliance with the rules set out in Anders v. California, 386 U.S. 738 (87 SC 1396, 18 L.Ed.2d 493).

Summary of this case from Turteltaub v. State
Case details for

Bethay v. State

Case Details

Full title:BETHAY v. THE STATE

Court:Supreme Court of Georgia

Date published: Sep 28, 1976

Citations

237 Ga. 625 (Ga. 1976)
229 S.E.2d 406

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