Brian K. Walker v. State of Arkansas

Summary

The Supreme Court of Arkansas granted Brian K. Walker's motion for rule on clerk, holding that the record-extension requirements under Arkansas Rule of Appellate Procedure–Criminal 4(c) were sufficiently met. The court denied appointed counsel's motion to be relieved because counsel did not establish that withdrawal was warranted in the interest of justice or for other sufficient cause.

Holdings

1. The requirements of Rule 4(c) were sufficiently satisfied under the circumstances, so the motion for rule on clerk was granted.
2. Counsel's motion to be relieved was denied because merely stating that the trial court had declared Appellant indigent did not establish that withdrawal was in the interest of justice or supported by other sufficient cause.

Questions Presented

1. Whether the record should be accepted under Arkansas Rule of Appellate Procedure—Criminal 4 when the extension motion was served on the prosecuting attorney, no objection was filed, and counsel asserted that both parties had been notified and did not object.
2. Whether appellate counsel demonstrated interest of justice or other sufficient cause to withdraw under Arkansas Rule of Appellate Procedure—Criminal Rule 16.

Disposition

other