Summary
The Supreme Court of Arkansas denied appointed counsel's motion to withdraw from representing Lavell Evans on appeal. The court held that counsel could not abandon the appeal due to financial hardship and directed counsel to file a petition for writ of certiorari to prepare the record.
Topics
Practice areas
Questions Presented
- Whether appellate counsel may withdraw from representing a convicted defendant solely because the defendant is indigent and counsel lacks funds to obtain the full appellate record.
- Whether counsel satisfied the requirements for requesting withdrawal by filing a notice of appeal, a partial record, a motion stating specific reasons for withdrawal, and supporting affidavits.
Holdings
- Counsel who has not been relieved by the trial or appellate court may not abandon a criminal appeal solely because there is insufficient money to pay for the transcript or other appellate expenses.
- Counsel seeking withdrawal must file the notice of appeal, a partial record containing at least the judgment and notice of appeal, a motion to be relieved stating the reasons for withdrawal, and supporting documentation such as an affidavit of indigency.
Key quotations
“Even if there are insufficient funds to pay for the appeal transcript, an attorney cannot abandon the convicted defendant solely because there is no money for an appeal.” (260 S.W.3d at 266)
“An attorney, knowing the convicted defendant desires to appeal, is obliged under Ark. R. App. P.-Crim. 16, regardless of the defendant's financial circumstances, to file the notice of appeal and then file a partial record, consisting of at least the judgment and notice of appeal, in the appellate court with a motion to be relieved containing a statement of the reason for the request to withdraw.” (260 S.W.3d at 266)
Factual background
Gary McDonald represented Lavell Evans on appeal from a criminal conviction. McDonald asserted that continuing the appeal would cause undue financial hardship or professional peril because the court reporter required a $4,000 payment for the record and further appellate preparation would require additional time and expense. McDonald nevertheless filed a notice of appeal and a partial record, and Evans submitted affidavits concerning his financial circumstances and request to proceed in forma pauperis.
Procedural history
Counsel filed a notice of appeal, a partial record, affidavits concerning indigency and in forma pauperis status, and a motion to be relieved as counsel. The Supreme Court of Arkansas found Evans indigent, appointed McDonald as counsel, denied the motion to withdraw, and directed counsel to file a petition for writ of certiorari to prepare the record.
Remand instructions
No remand was ordered. Counsel was directed to file a petition for writ of certiorari to prepare the record.