in the Interest of R.L.M., B.M.M., C.M., J.N.M., J.A., T.T., and J.J.R. Children ( 2008 )

NO. 07-07-0489-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL B

JUNE 30, 2008

______________________________

IN THE INTEREST OF R.L.M., B.M.M., C.M.,

                                                      J.N.M., J.A., T.T. and J.J.R.

_________________________________

FROM THE 140^TH DISTRICT COURT OF LUBBOCK COUNTY;

NO. 2005-532,950; HON. KEVIN HART, PRESIDING

_______________________________

On Second Abatement and Remand

_______________________________

Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

          Appellant Juaquin Martinez, Jr., appeals from the termination of his parental rights to his minor children, B.M.M., C.M., J.N.M., and J.J.R. His appointed counsel filed a motion to withdraw, together with an Anders brief, wherein she certified that, after diligently searching the record, she concluded that the appeal was without merit. Along with her brief, counsel attached a copy of a letter sent to appellant informing him of counsel’s belief that there was no reversible error and of appellant’s right to file a response or brief pro se. By letter dated May 5, 2008, this court notified appellant of his right to file a response and set June 4, 2008, as the deadline to do so. Appellant filed his response on May 20, 2008.  

          In an opinion issued on May 28, 2008, this court discussed appellate counsel’s brief and noted counsel’s conclusion that the appeal was frivolous. Counsel (i.e.Terri Morgeson) also moved to withdraw due to her conclusion. Yet, our review of the record led us to conclude that there were potentially arguable issues for review. Thus, we granted appellate counsel’s motion to withdraw and abated the matter back to the trial court for the appointment of new counsel. In responding to our order, the trial court re-appointed Terri Morgeson as counsel.

          Accordingly, (and to avoid any appearance of impropriety inherent in assigning one who has publically concluded that his or her client has no viable appeal to represent the client on appeal), we again abate and remand the cause to the trial court for the appointment of new counsel, other than Terri Morgeson, per the dictates of Anders and its progeny. The trial court shall further order the newly appointed counsel to file an appellant’s brief in accordance with our prior abatement order, as per the Texas Rules of Appellate Procedure, by August 18, 2008. Any responding brief which the State wishes to file shall be filed within 30 days after the filing of appellant’s brief. Finally, the trial court shall cause the name, address, and state bar number of the newly appointed counsel to be included in a supplemental transcript which transcript shall be filed with the clerk of the court by July 10, 2008.

                                                                           Per Curiam

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NO. 07-10-00022-CR

 

IN THE COURT OF APPEALS

 

FOR THE SEVENTH DISTRICT OF TEXAS

 

AT AMARILLO

 

PANEL B

 

JUNE 7, 2010

 

 

JOSHUA HAYDEN BRACKENRIDGE, APPELLANT

 

v.

 

THE STATE OF TEXAS, APPELLEE

 

 

 FROM THE 355TH DISTRICT COURT OF HOOD COUNTY;

 

NO. CR10975; HONORABLE RALPH H. WALTON JR., JUDGE

 

 

Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

 

 

ON MOTION TO DISMISS

            Pending before the Court is appellant’s motion to dismiss his appeal. Appellant and his attorney have both signed the motion.  Tex. R. App. P. 42.2(a). No decision of this Court having been delivered to date, we grant the motion.  Accordingly, the appeal is dismissed.  No motion for rehearing will be entertained and our mandate will issue forthwith.

                                                                                                James T. Campbell

                                                                                                            Justice

Do not publish.