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Summary 2010 WY 153

Summary of Order November 24, 2010

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Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court

Case Name: Barnes v. State

Citation: 2010 WY 153

Docket Number: S-10-0079

URL: http://tinyurl.com/375beah

Date of Order: November 24, 2010

ORDER AFFIRMING THE DISTRICT COURT?S ORDER OF DISMISSAL

This matter came before the Court upon Appellant?s pro se ?Motion of Response. This is Appellant?s appeal from an ?Order of Dismissal,? wherein the district court dismissed, without prejudice, a burglary charge. Appellant?s court-appointed appellate counsel filed a ?Motion to Withdraw as Counsel,? pursuant to Anders v. California, 386 U.S. 738 (1967). Following a careful review of the record and the ?Anders briefs? submitted by counsel, this Court entered its ?Order Granting Permission for Court Appointed Counsel to Withdraw.? That Order provided that the District Court?s ?Order of Dismissal? and its ?Order Denying Objections and Motions? would be affirmed unless, on or before November 12, 2010, the Appellant filed a brief that persuaded this Court that the captioned appeal is not wholly frivolous. In response to the Court?s ?Order Granting Permission for Court Appointed Counsel to Withdraw,? Appellant filed his ?Motion of Response.? After a careful review of that motion, the Court finds that Appellant has not established that the captioned appeal is not frivolous. The Court finds the motion devoid of cogent argument and citation to pertinent authority. Therefore, the Court finds that the District Court?s ?Order of Dismissal? and its ?Order Denying Objections and Motions? should be affirmed. It is, therefore,

ORDERED that any requests for relief contained in the ?Motion of Response,? be, and hereby are, denied; and it is further ORDERED that the District Court?s ?Order of Dismissal? and its ?Order Denying Objections and Motions? be, and the same hereby are, affirmed.

BY THE COURT

Full post as published by Law Library Letter on November 24, 2010 (boomark / email).