Everly v. State

Without reaching the merits, I dissent from the judgment of the court. An examination of the record persuades me that Mr. Everly’s appeal presents at least one arguable point, yet no lawyer is advocating reversal of his conviction. Before proceeding, I would appoint substitute counsel to represent the appellant. See Penson v. Ohio, 488 U.S. 75, 83-84, 109 S.Ct. 346, 351-52, 102 L.Ed.2d 300 (1988).

Notice of appeal was filed in this case on February 25,1992. On March 2,1992, counsel who had represented Everly at sentencing moved to withdraw, asking that the Public Defender be appointed to…