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State v. Adams

Supreme Court of Montana

February 4, 2014

STATE OF MONTANA, Plaintiff and Appellee,
v.
ROY VINCENT ADAMS, Defendant and Appellant.

ORDER

On November 8, 2013, counsel for Defendant and Appellant Roy Vincent Adams filed a motion and brief asking to be allowed to withdraw from this appeal on grounds that she has been unable to find any nonfrivolous issues to raise on appeal, pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396 (1967), and § 46-8-103(2), MCA. The Court granted Adams time to respond personally to his counsel's motion, but he did not file a response within the time allowed.

The Court has now independently examined the record pursuant to Anders. We conclude Adams may have nonfrivolous issues to raise on appeal, including whether the State improperly commented on his right to silence.

THEREFORE,

IT IS ORDERED that counsel's motion to be allowed to withdraw from this appeal is DENIED. The opening brief on appeal shall be prepared, filed, and served within 45 days of the date of this Order.

The Clerk is directed to provide copies of this Order to all counsel of record and to Roy Vincent Adams personally.


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