April 27, 2026·25-11004·Per Curiam·By James Taylor
The United States Court of Appeals for the Fifth Circuit granted a motion by appointed counsel to withdraw from representing the defendant. The court dismissed the appeal after finding no nonfrivolous issues for appellate review.
Background
The defendant, Scott Wayne O’Toole, was represented by the Federal Public Defender in an appeal from the United States District Court for the Northern District of Texas. Appointed counsel moved for leave to withdraw and filed a brief in accordance with Anders v. California and United States v. Flores, stating the appeal presented no nonfrivolous issues. The defendant did not file a response.
The court’s reasoning
The court reviewed counsel’s brief and the relevant portions of the record. It concurred with counsel’s assessment that the appeal presented no nonfrivolous issue for appellate review.
What it means going forward
The appeal is dismissed, and the appointed attorney is excused from further duties in the case.
