State v. Duncan

Defendant’s appointed counsel has filed an application to withdraw relying on Anders v. California (1967), 386 U. S. 738. The accompanying brief (“Assertions of Error”) makes only a general reference to the record. Apparently counsel relies on this court to read the record. The “assertions of error” were served on the defendant. The state moved to dismiss because of appellate rule violations.

I

Principle

“The constitutional requirement of substantial equality and fair process can only be attained where counsel acts in the role of an active advocate in behalf of his client, as opposed to that of…