Marshall, Markeshia, PD-0738-15

Markeshia Marshall was convicted by a jury of misdemeanor assault in Jefferson County, Texas (Trial Cause No. 292155). Punishment: 90 days in county jail probated for one year and a $500 fine as a condition of probation.
Appellate counsel submitted an Anders brief concluding there were no arguable grounds for appeal and provided Marshall a copy; the court granted Marshall leave to file a pro se brief.
Marshall filed a pro se petition asserting the complainant perjured herself, produced late cellphone photos with no timestamps, may have altered photos, and that an additional witness (Brittney Davis) and certain police testimony were not presented at trial.
Marshall also complained about trial counsel’s failure to subpoena an allegedly unbiased witness and about evidence the complainant contradicted earlier statements (e.g., lack of visible injury when police arrived).
The Ninth District Court of Appeals independently reviewed the clerk’s and reporter’s records, concluded there were no arguable issues for appeal under Anders, declined to appoint new counsel, and affirmed the trial court’s judgment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether appellate counsel’s Anders brief requires appointment of new counsel/remand for briefing	Marshall argued record contains meritorious claims (perjury, improper evidence handling, ineffective investigation/subpoena failures) warranting review	Appellate counsel argued no arguable grounds exist; State urged affirmance	Court conducted independent review, found no arguable issues, and declined to appoint new counsel; affirmed conviction
Whether pro se allegations (victim perjury, late/altered photos, omitted witness testimony) show reversible error	Marshall claimed these facts undermine conviction and show errors at trial	State maintained the record does not show reversible error and appellate counsel’s Anders review was adequate	Court found the pro se claims did not establish reversible error on the record reviewed

Anders v. California, 386 U.S. 738 (1967) (procedure for appointed counsel to withdraw when appeal is frivolous)
High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978) (Texas precedent applying Anders procedures)
Bledsoe v. State, 178 S.W.3d 824 (Tex. Crim. App. 2005) (standard for appellate courts reviewing Anders briefs; may (1) find appeal frivolous and explain review or (2) remand for appointment of new counsel)
Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991) (contrast regarding appointment of new counsel when arguable issues exist)