Opinion
CA CR 09-1250
Opinion Delivered January 19, 2011
Appeal from the Greene County Circuit Court, [No. CR-2008-468], Honorable David N. Laser, Judge, Motion to Withdraw Denied; Rebriefing Ordered.
A Greene County jury found Shannon Williams guilty of one count of rape and sentenced him to fifteen years' imprisonment. His attorney has filed a motion to withdraw as counsel, citing an inability to find a meritorious ground for reversal. Counsel has also submitted a no-merit brief pursuant to Anders v. California and Arkansas Supreme Court Rule 4-3(k). Williams has filed no pro se points. Counsel's brief does not comply with the requirements of our rules, as there are several adverse rulings not addressed in the argument section of the brief. Therefore, we deny counsel's motion to withdraw and order rebriefing.
386 U.S. 738 (1967).
An attorney's request to withdraw from appellate representation based upon a meritless appeal must be accompanied by a brief that contains a list of all rulings adverse to his client made on any objection, motion, or request made by either party. The argument section of the brief must contain an explanation of why each adverse ruling is not a meritorious ground for reversal. In a criminal case, a no-merit brief that fails to explain an adverse ruling does not satisfy the requirements of Rule 4-3(k)(1) and must be rebriefed.
Eads v. State, 74 Ark. App. 363, 47 S.W.3d 918 (2001).
Id.
Sartin v. State, 2010 Ark. 16, ___ S.W.3d ___ (per curiam).
Counsel's brief addresses the sufficiency of the evidence and an evidentiary ruling regarding testimony on the size of Williams's penis. But there are several minor adverse rulings that go unmentioned in the argument section of the brief. Even if it turns out that an appeal in this case is wholly without merit, we cannot so hold without a brief that complies with our rules.
To that end, we deny counsel's motion to withdraw and order her to file a substituted brief that complies with the rule within thirty days from the date of this opinion. While we note the minor evidentiary rulings that went unaddressed, we recommend that counsel do a full examination of the record to ensure that all rulings adverse to her client are discussed. When the brief is filed, the motion and brief will be forwarded by the Clerk to Williams so that he may raise within thirty days any points he chooses.
See Seay v. State, 2010 Ark. App. 36.
Id. (citing Ark. Sup. Ct. R. 4-3(k)(2)).
Motion to withdraw denied; rebriefing ordered.
ROBBINS and GRUBER, JJ., agree.