The Court denies a motion to withdraw as counsel in a criminal appeal as of right because counsel's Anders brief, while indicating that counsel believed Appellant's appeal lacked merit, did not establish that Appellant's appeal was wholly frivolous. Specifically, the Court holds that while an argument may lack merit when it is against the weight of legal authority, it is not a frivolous argument unless it is against the overwhelming weigh of legal authority and also entirely without any basis in law or fact or without any logic supporting a change of law.
Supreme Court Of The Virgin Islands