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STATE v. KORTH AND STEELE

Nos. 22058, 22100.

650 N.W.2d 528 (2002)

2002 SD 101

STATE of South Dakota, Plaintiff and Appellee, v. Lance KORTH, Defendant and Appellant. State of South Dakota, Plaintiff and Appellee, v. Sheila Steele, Defendant and Appellant.

Supreme Court of South Dakota.

Decided August 14, 2002.

Attorney(s) appearing for the Case

Mark Barnett, Attorney General, Craig M. Eichstadt, Deputy Attorney General, Pierre, for plaintiffs and appellees.

Arnold D. Laubach, Jr. and Michael Stonefield, Pennington County Public Defender's Office, Rapid City, for defendant and appellant, Korth.

Joyce A. Svoboda, Rapid City, for defendant and appellant, Steele.

AMUNDSON, Justice.

[¶ 1.] Motions to withdraw were filed by court appointed attorneys based on the belief that their clients' appeals were frivolous. This Court ordered the attorneys to brief the issue of whether an adequate Anders brief is a necessary condition to allow counsel to withdraw.1

FACTS

[¶ 2.] The State and Steele's appointed counsel both argue that the Anders procedure, whereby a motion...

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