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in the Interest of J.R.I., a Child
11-15-00101-CV
| Tex. App. | Sep 17, 2015
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Background

  • This is an appeal from a trial court order terminating the parental rights of J.R.I.'s mother and father; the father appealed, the mother did not.
  • The father’s court-appointed counsel filed an Anders brief and a motion to withdraw, asserting the appeal is frivolous.
  • Counsel complied with Anders, Schulman, and Kelly procedures and informed Appellant of his rights and record access.
  • Appellant did not file a pro se response or motion in this court for access to the appellate record.
  • The court independently reviewed the record and concluded the appeal is without merit and should be dismissed; the motion to withdraw is granted.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the appeal is frivolous and should be dismissed Father’s counsel concluded there are no arguable grounds N/A as no response filed by father; counsel withdraws Appeal dismissed as frivolous

Key Cases Cited

  • Anders v. California, 386 U.S. 738 (1967) (assignment of counsel for frivolous appeals)
  • In re Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008) (Merits review under counsel withdrawal in frivolous appeal)
  • High v. State, 573 S.W.2d 807 (Tex. Crim. App. [Panel Op.] 1978) (guidance on procedures for frivolous appeals)
  • In re R.M.C., 395 S.W.3d 820 (Tex. App.—Eastland 2013) (parens support for Anders in parental termination context)
  • In re K.D., 127 S.W.3d 66 (Tex. App.—Houston [1st Dist.] 2003) (frivolous-appeal analysis in termination cases)
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Case Details

Case Name: in the Interest of J.R.I., a Child
Court Name: Court of Appeals of Texas
Date Published: Sep 17, 2015
Docket Number: 11-15-00101-CV
Court Abbreviation: Tex. App.