Bradford v. State

Roger BRADFORD v. STATE

CR 96-172                                          ___ S.W.2d ___

                    Supreme Court of Arkansas
                 Opinion delivered April 1, 1996


1.   Attorney & client -- objection to appointment as counsel --
     request to withdraw granted. -- Where an attorney filed an
     objection to his appointment as counsel and requested
     withdrawal on the grounds that the illness of his father and
     senior law partner had created a substantial backlog in their
     three-person firm, that he was also representing appellant in
     eight other pending criminal cases, and that, under the
     circumstances, he could not provide effective representation
     to appellant on appeal, the supreme court found that the
     attorney had stated good cause to grant his request.

2.   Attorney & client -- previously appointed counsel relieved. --
     Where the transcript failed to reveal that any order relieving
     appellant's previously appointed counsel had been entered, and
     where the trial court had lost jurisdiction of the case, the
     supreme court released and discharged appellant's previously
     appointed counsel for the present appeal.


     Objection to Appointment as Counsel and Request to Withdraw;
granted.
     Louis Etoch, for appellant.
     No response.

     Per Curiam.


Per Curiam 4-1-96   *ADVREP10*







ROGER BRADFORD,
               APPELLANT,

V.

STATE OF ARKANSAS,
               APPELLEE,

CR 96-172





OBJECTION TO APPOINTMENT AS
COUNSEL AND REQUEST TO WITHDRAW





REQUEST GRANTED.








     Attorney Louis Etoch has filed an objection to his appointment
as counsel and request to withdraw from representation of
appellant, Roger Bradford, with respect to this appeal from the
judgment and commitment order of the Arkansas County Circuit Court,
Southern District, trial docket number CR 92-1, filed on July 12,
1995, convicting appellant of possession of cocaine with intent to
deliver and sentencing him to a term of life imprisonment at the
Arkansas Department of Correction.  The notice of appeal and
transcript have been filed in this court.  By order of the trial
court filed on August 2, 1995, Louis Etoch was appointed to serve
as appellant's counsel with respect to the state's cases against
appellant docketed:  "CR-92-All."  
     Louis Etoch requests withdrawal on the grounds that the
illness of his father and senior law partner, Mr. Mike Etoch, has
created a substantial backlog in their three-person law firm, and
that Louis Etoch is also representing appellant, pursuant to his
appointment by the circuit court, in eight other pending criminal
cases.  Under these circumstances, Louis Etoch asserts that he
cannot provide effective representation to appellant in this
appeal.   
     We find that Louis Etoch has stated good cause to grant his
request.  The request to withdraw is, therefore, granted.
     Our review of the transcript reveals that, prior to Louis
Etoch's appointment, the trial court appointed attorney Robert
Remet to serve as appellant's counsel by order filed on August 17,
1994, and appointed attorney Dennis Molock to serve as appellant's
counsel by order filed on May 1, 1995.  The transcript fails to
reveal that any order relieving Mr. Remet or Mr. Molock as
appellant's counsel has been entered.  Inasmuch as the trial court
has lost jurisdiction of this case, we hereby release and discharge
Mr. Remet and Mr. Molock as attorneys of record for appellant as to
this appeal.
     We appoint attorney Garry Corrothers to serve as counsel for
appellant in this appeal.
     DUDLEY and NEWBERN, JJ., dissent.