Warren v. State, 351 Ark. 563

Summary

The Supreme Court of Arkansas held that appointed counsel remained responsible for monitoring filings because she had not been relieved as counsel when the defendant filed a timely pro se notice of appeal. The court ordered counsel to file a motion and affidavit accepting fault for the untimely tender of the record, denied her motion to be relieved as counsel, and stated that the motion for rule on the clerk would then be granted.

Holdings

1. A timely pro se notice of appeal is proof of the defendant's desire to appeal, and an attorney who has not been relieved by the trial court remains responsible for being aware of filings in the case while serving as attorney of record. Reynolds was therefore responsible for the untimely filing of the record.
2. Counsel's motion to be relieved was denied because she did not establish that relief was in the interest of justice or supported by other sufficient cause under Arkansas Rule of Appellate Procedure-Criminal 16.

Questions Presented

1. Whether appointed counsel who remained attorney of record was responsible for being aware of Warren's timely pro se notice of appeal and therefore responsible for the untimely tender of the appellate record.
2. Whether counsel should be relieved after the notice of appeal was filed based on Warren's alleged de facto pro se status.

Disposition

other