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State v. Howard - Criminal Appeal Dismissed as Frivolous

Ohio Court of Appeals

Filed April 6th, 2026

Detected April 7th, 2026

Summary

The Twelfth District Ohio Court of Appeals dismissed a frivolous criminal appeal filed by Shiviez Montrel Howard. Under Anders v. California procedures, appellate counsel filed a brief indicating no arguable errors and requesting permission to withdraw. The court independently reviewed the record, found no prejudicial error, and dismissed the appeal.

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What changed

The court addressed an Anders brief filed by appellant's counsel in a criminal appeal from Butler County Court of Common Pleas (Case No. CR2024-10-1513). Under Anders procedures, counsel certified that after reviewing the record, no errors were found that would support the appeal, listed two potential issues that might arguably support appeal, and requested permission to withdraw. The appellate court independently reviewed the record and found no prejudicial error.

This case establishes no new legal obligations for any party. The appeal was dismissed as wholly frivolous. No compliance actions are required by any party. This decision serves as an informational ruling confirming the underlying trial court proceedings were free from reversible error.

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April 6, 2026 Get Citation Alerts Download PDF Add Note

State v. Howard

Ohio Court of Appeals

Citations: 2026 Ohio 1232
Docket Number: CA2025-07-073
Opinion
Authorities (1)
Cited By (0)
Summaries (0)
Similar Cases (0)
PDF

Syllabus

Anders no error.

Combined Opinion

[Cite as State v. Howard, 2026-Ohio-1232.]

IN THE COURT OF APPEALS

TWELFTH APPELLATE DISTRICT OF OHIO

BUTLER COUNTY

:
STATE OF OHIO,
: CASE NO. CA2025-07-073
Appellee,
: DECISION AND
JUDGMENT ENTRY
- vs - : 4/6/2026

:
SHIVIEZ MONTREL HOWARD,
:
Appellant.

CRIMINAL APPEAL FROM BUTLER COUNTY COURT OF COMMON PLEAS
Case No. CR2024-10-1513

Michael T. Gmoser, Butler County Prosecuting Attorney, and Michael Greer, Assistant
Prosecuting Attorney, for appellee.

Christopher Frederick, for appellant.

DECISION

Per Curiam.

{¶1} This cause came on to be considered upon a notice of appeal filed by

appellant, Shiviez Montrel Howard, the transcript of the docket and journal entries, the

transcript of proceedings and original papers from the Butler County Court of Common

Pleas, and upon the brief filed by appellant's counsel.
Butler CA2025-07-073

{¶2} Appellant's counsel has filed a brief with this court pursuant to Anders v.

California, 386 U.S. 738 (1967), which (1) indicates that a careful review of the record

from the proceedings below fails to disclose any errors by the trial court prejudicial to the

rights of appellant upon which an assignment of error may be predicated; (2) lists two

potential errors "that might arguably support the appeal," Id. at 744; (3) requests that this

court review the record independently to determine whether the proceedings are free from

prejudicial error and without infringement of appellant's constitutional rights; (4) requests

permission to withdraw as counsel for appellant on the basis that the appeal is wholly

frivolous; and (5) certifies that a copy of both the brief and motion to withdraw have been

served upon appellant.

{¶3} Having allowed appellant sufficient time to respond, and no response

having been received, we have accordingly examined the record and find no error

prejudicial to appellant's rights in the proceedings in the trial court. The motion of counsel

for appellant requesting to withdraw as counsel is granted, and this appeal is dismissed

for the reason that it is wholly frivolous.

HENDRICKSON, P.J., PIPER and SIEBERT, JJ., concur.

-2-
Butler CA2025-07-073

JUDGMENT ENTRY

The brief of appellant, filed pursuant to Anders v. California, 386 U.S. 738 (1967),
properly before this court and having been considered by the court, it is ordered that the
motion of counsel for appellant requesting to withdraw as counsel is granted, and this
appeal is hereby dismissed for the reason that it is wholly frivolous.

It is further ordered that a mandate be sent to the Butler County Common Pleas
Court for execution upon this judgment and that a certified copy of this Decision and
Judgment Entry shall constitute the mandate pursuant to App.R. 27.

Costs to be taxed to appellant.

/s/ Robert A. Hendrickson, Presiding Judge

/s/ Robin N. Piper, Judge

/s/ Melena S. Siebert, Judge

-3-