Willie Alvin Smith v. State of Arkansas

Summary

The Arkansas Court of Appeals denied appellate counsel’s motion to withdraw and ordered rebriefing in Willie Alvin Smith’s no-merit appeal from convictions for two counts of rape. The court held that counsel’s Anders brief failed to address several adverse rulings, including rulings during cross-examination, an evidentiary ruling involving a detective, and the denial of a bond-reduction request. The court directed counsel to file a substituted brief addressing all adverse rulings.

Holdings

1. An Anders no-merit brief that fails to identify and explain all adverse circuit-court rulings on objections, motions, and requests does not satisfy Rule 4-3(b), and the appellate court will deny counsel’s motion to withdraw and order rebriefing.
2. After an appellant has been convicted and incarcerated, a challenge to pretrial bond is moot; a bond decision must instead be challenged by a timely writ of certiorari, and failure to seek that writ abandons the issue.

Questions Presented

1. Whether appointed appellate counsel’s Anders no-merit brief complied with Arkansas Supreme Court Rule 4-3(b) when it failed to address all adverse rulings in the record.
2. Whether the omitted bond-reduction ruling had to be identified and explained in the Anders brief even though it did not provide a meritorious ground for reversal.

Disposition

other