Opinion
CACR03-1320
Opinion Delivered January 11, 2006
Appeal from the Jefferson County Circuit Court, [No. CR-99-41-2, CR-99-903-2], Hon. H.A. Taylor, Jr. Circuit Judge, Order Issued Relieving Counsel and Appointing Substitute Counsel.
Randy McBride's appeal is once more before us after we ordered rebriefing in an unpublished opinion handed down on January 19, 2005. In that opinion, we noted that the no-merit brief that was submitted by McBride's appellate attorney, Donald E. Warren, Sr., failed to address the decision to revoke McBride's probation and the deemed denial of McBride's post-trial motion. We ordered attorney Warren to brief these issues. Warren submitted a substituted brief, but, inexplicably, he failed to address the very two issues that we ordered him to brief. We therefore remove attorney Warren from this case and appoint another attorney to represent McBride on appeal.
This is at least the third time that attorney Warren has submitted substandard work and has refused to correct the deficiencies that this court has identified for him.
Appellate counsel removed; substitute counsel to be appointed; rebriefing ordered.
GLOVER and BAKER, JJ., agree.