Tradareon Jamel Choice v. State ( 2020 )

Order entered February 24, 2020
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00178-CR
TRADAREON JAMEL CHOICE, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 6
Dallas County, Texas
Trial Court Cause No. F17-75538-X
ORDER
Before Justices Myers, Whitehill, and Pedersen
This case was submitted on February 18, 2020 after appellate counsel Sharita Blacknall
filed an Anders brief. An Anders brief is a brief filed in support of an appointed attorney’s
motion to withdraw from an appeal that the attorney has concluded, after conscientious
examination of the entire record, is a frivolous appeal. Anders v. California, 386 U.S. 738, 744
(1967). After reviewing the record and the brief on file in this appeal, the Court has concerns
about appellate counsel’s decision to file an Anders brief. Therefore, we have decided to hear
argument from the parties in this appeal.
We DIRECT the Clerk to remove this case from the February 18, 2020 submission
docket.
The above cause is now set for submission with oral argument on March 26, 2020 at
2:00 p.m. in the Court of Appeals, Fifth District of Texas at Dallas, in its courtroom on the
second floor of the George L. Allen, Sr. Courts Building located at 600 Commerce Street, Dallas,
Texas 75202. The panel hearing the case will consist of Justice Myers, Justice Whitehill, and
Justice Pedersen, subject to change by the Court. The parties are advised that although argument
is typically limited to twenty minutes to each side with a five-minute rejoinder for appellant, the
Court may suspend those time limitations to meet its needs in this case.
Appellate counsel Sharita Blacknall has twenty-four criminal appeals currently pending
before the Court. Ms. Blacknall filed a brief on the merits in one case and has not yet filed a
brief in four appeals. In the remaining appeals, Ms. Blacknall has filed Anders briefs. These
include:
05-18-00391-CR Frank Paul Celaya v. State Possession contr. subst.
05-18-00848-CR Issaac Matthew Jimenez v. State Agg. sexual assault child
05-19-00053-CR Jimmy Earl Shelly v. State Agg. sexual assault child
05-19-00054-CR Jimmy Earl Shelly v. State Cont. sexual abuse child
05-19-00138-CR Joseph Glen Robinson v. State Agg. robbery deadly weapon
05-19-00139-CR Joseph Glen Robinson v. State Agg. robbery deadly weapon
05-19-00140-CR Joseph Glen Robinson v. State Agg. robbery deadly weapon
05-19-00141-CR Joseph Glen Robinson v. State Agg. robbery deadly weapon
05-19-00178-CR Tradareon Jamel Choice v. State Murder
05-19-00194-CR Edward Lamar Porter v. State Agg. robbery
05-19-00212-CR Lavar Devon Taylor v. State Agg. assault deadly weapon
05-19-00463-CR Gerald Munoz Montano v. State Eng. org. crim. act. murder
05-19-00710-CR John Francis Walsh III v. State Agg. sexual assault
05-19-00785-CR Cesar Navarro v. State Agg. sexual assault child
05-19-00887-CR James Jackson v. State Robbery
05-19-00888-CR James Jackson v. State Robbery
05-19-00987-CR Brandon Charles Sampson v. State Murder
05-19-01319-CR Xavior Devon Collier v. State Agg. robbery deadly weapon
05-19-01320-CR Xavior Devon Collier v. State Evading arrest
The focus of the March 26, 2020 argument will be on the propriety of filing an Anders
brief in this seven-day murder trial tried to a jury. Nevertheless, the Court reserves the right to
raise general questions about the other cases on appeal.
We ORDER appellate counsel Sharita Blacknall to appear and present oral argument at
the above mentioned date, time, and place.
We DIRECT the Clerk to send a copy of this order via electronic transmission to the
Honorable Jeanine Howard, Presiding Judge, Criminal District Court No. 6; to counsel Sharita
Blacknall; and to the Dallas County District Attorney. We also DIRECT the Clerk to send a
copy of the order to Sharita Blacknall via certified mail at the address listed for counsel in our
records.
/s/ LANA MYERS
PRESIDING JUSTICE