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STATE v. BALFOUR

TC C8801-30735; CA A49467; SC S36884.

814 P.2d 1069 (1991)

311 Or. 434

STATE of Oregon, Respondent On Review, v. Donald BALFOUR, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided July 5, 1991.

Attorney(s) appearing for the Case

Martin W. Reeves, Portland, filed the petition and argued the cause for petitioner on review.

Robert M. Atkinson, Asst. Atty. Gen., Salem, argued the cause for respondent on review. With him on the response were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Mary Burns Tomlinson, Lake Oswego, filed a brief for amicus curiae Oregon State Bar.

GILLETTE, Justice.

In each of four cases that were consolidated for the purposes of decision before the Court of Appeals, appointed counsel for an indigent appellant determined that there were no meritorious issues on which to base an appeal. In three of the cases, counsel moved to withdraw; in the fourth, the Court of Appeals raised the issue of withdrawal on its own motion. The Court of Appeals declined to permit counsel to withdraw. State v. Balfour,

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