Opinion
No. CACR 09-1250
02-06-2013
Motion to withdraw denied; Mylissia M. Blankenship relieved as counsel; Robby Golden appointed to represent appellant.
APPEAL FROM THE GREENE
COUNTY CIRCUIT COURT,
[NO. CR-2008-468]
HONORABLE DAVID LASER,
JUDGE
MOTION TO WITHDRAW DENIED;
MYLISSIA M. BLANKENSHIP
RELIEVED AS COUNSEL; ROBBY
GOLDEN APPOINTED TO
REPRESENT APPELLANT
WAYMOND M. BROWN , Judge
On June 23, 2009, a Greene County jury found Shannon Williams guilty of one count of rape and sentenced him to fifteen years in the Arkansas Department of Correction. His attorney, Mylissia M. Blankenship, has filed a motion to be relieved as counsel, citing an inability to find a meritorious ground for reversal, and has submitted a no-merit brief pursuant to Anders v. California and Ark. Sup. Ct. R. 4-3(k). Williams has filed no pro se points.
386 U.S. 738 (1967).
This is the fourth time this case has been before us. Each time we have been unable to grant counsel's motion due to deficiencies. We are, again, unable to reach the merits and grant counsel's motion because she has submitted another noncompliant brief. Counsel has been given a number of opportunities and extensions to file a compliant brief. However, she has still failed to address all of the adverse rulings made by the trial court.
See Williams v. State, 2011 Ark. App. 41; Williams v. State, 2011 Ark. App. 643; Williams v. State, 2012 Ark. App. 113.
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We do not know why Ms. Blankenship has persistently failed to comply with Anders, Rule 4-3(k), and our prior orders in this case. We think that justice requires that we relieve Ms. Blankenship as appellant's counsel. We appoint Robby Golden to represent Williams in this appeal.
Williams's substituted counsel will not be limited to the submission of a no-merit brief, if, after inspection of the record, he concludes that an appeal on the merits is warranted.
Motion to withdraw denied; Mylissia M. Blankenship relieved as counsel; Robby Golden appointed to represent appellant.
HIXSON and WOOD, JJ., agree.