The Procedure for Appointed Counsel Who Wants to Withdraw
State v. Duncan (1978), 57 Ohio App.2d 93, 385 N.E.2d 323, set forth the procedure to be utilized by an appointed counsel who desires to withdraw based upon the lack of a meritorious, appealable issue.
In Anders, the United States Supreme Court held that if counsel, after a conscientious examination of the case, determines it to be wholly frivolous, he or she "should so advise the court and request permission to withdraw." Id., at 744.
"That request must, however, be accompanied by a brief referring to anything in the record that might arguably support the appeal." Id.
In the course of seeking to withdraw pursuant to Anders, counsel must also furnish the client with a copy of the brief, the request to withdraw, and furnish the client sufficient time to raise any matters that the client wishes to on a pro se basis.
Once these criteria have been met, the appellate court must conduct a full examination of the proceedings held below to determine if the appeal is frivolous.
If it is determined that the appeal is frivolous, then the appellate court may grant counsel's request to withdraw and dismiss the appeal without violating constitutional requirements or it may proceed to a decision on the merits. Id.