Kenneth Allan Britt v. State of Arkansas
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ARKANSAS SUPREME COURT
No. CR 071224
Opinion Delivered
February 7, 2008
PRO SE PETITION FOR REVIEW AND
PRO SE MOTION FOR
APPOINTMENT OF COUNSEL AND
EXTENSION OF TIME [CIRCUIT
COURT OF LONOKE COUNTY, CR
200528, HON. LANCE L. HANSHAW,
JUDGE]
KENNETH ALLAN BRITT
Petitioner
v.
STATE OF ARKANSAS
Respondent
PETITION DISMISSED; MOTION
DENIED.
PER CURIAM
A jury found petitioner Kenneth Allan Britt guilty of manufacturing methamphetamine,
possessing drug paraphernalia with intent to manufacture methamphetamine, and fleeing, and
sentenced him to an aggregate term of 240 months’ imprisonment in the Arkansas Department of
Correction. The Arkansas Court of Appeals affirmed the judgment. Britt v. State, CACR 07103
(Ark. App. Nov. 7, 2007). Petitioner has filed in this court a pro se petition in which he now seeks
review of the decision by the court of appeals.
We do not reach the merits of appellant’s petition, as he filed the petition proceeding pro se.
The record shows that appellant was represented at trial and on appeal by counsel. We do not allow
a petitioner to substitute his judgment, concerning whether and how to request a petition for review,
for that of his attorney. Brewer v. State, ___ Ark. ___, ___ S.W.3d ___ (Nov. 15, 2007) (per
curiam). Accordingly, we dismiss the petition without further consideration.
After the State filed a response to the petition citing Brewer, petitioner filed a motion in which
he requested that this court relieve counsel, appoint new counsel, and grant additional time for
counsel to pursue a petition for review, or, alternatively, that we order his attorney to file a petition
for review. Petitioner provides no basis for relieving counsel, other than his desire to proceed with
a petition for review and his attorney’s decision not to pursue one. Nor does he state any basis for
this court to grant a petition for review, had his attorney elected to file such a petition.
We will neither relieve counsel nor compel counsel to file a pleading simply because an
appellant in a criminal case demands it. The right to counsel does not provide the right to counsel
who substitutes the judgment of the accused for his or her professional judgment. Hadley v. State,
322 Ark. 472, 910 S.W.2d 675 (1995). With the exception of certain fundamental decisions, it is the
attorney’s duty to take professional responsibility for the conduct of the case, after consulting with
his client. Monts v. Lessenberry, 305 Ark. 202, 806 S.W.2d 379 (1991) (per curiam). Petitioner has
stated no facts that would indicate counsel should be relieved or that counsel’s decision not to file
a petition for review was anything other than a reasonable exercise of professional judgment.
Petition dismissed; motion denied.
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