Lee Mark Harris v. State of Arkansas
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SUPREME COURT OF ARKANSAS
No. CR08-762
Opinion Delivered October 30, 2008
LEE MARK HARRIS,
PETITIONER,
VS.
PETITION FOR WRIT OF CERTIORARI TO
COMPLETE THE RECORD; MOTION TO
BE RELIEVED AS COUNSEL.
STATE OF ARKANSAS,
RESPONDENT,
PETITION FOR WRIT OF CERTIORARI TO
COMPLETE REC O RD GRAN TED;
MOTION TO BE RELIEVED AS COUNSEL
DENIED.
PER CURIAM
1.
CERTIORARI, WRIT OF — PETITION FOR WRIT OF CERTIORARI TO CALL UP ENTIRE RECORD
— GRANTED WHERE F ILED AS DIRECTED BY SUPREM E COURT . — Where the supreme
court directed petitioner’s retained counsel to file a petition for writ of certiorari to call up
the entire record, as only a partial record had been filed, and petitioner’s counsel filed the
petition as directed, the supreme court granted petitioner thirty days to complete the
record.
2.
MOTIONS —
M OTION TO BE RELIEVED AS COUNSEL OF RECORD
—
DENIED WH ERE
PET ITIONER STATED THAT COUNSEL AGREED TO APPEAL CASE BUT LATER WANTED TO
CHA RG E P ETITIONER, AND WHERE PETITIONER DID NOT ASK SUPREM E COURT TO
DISCHARGE HIS COUNSEL. — Once an attorney represents a defendant in a criminal matter,
the attorney is obligated to continue representing the defendant until relieved by the
appropriate court; under no circumstance may an attorney who has not been relieved by
the court abandon an appeal; here, petitioner stated in his motion for pro se belated appeal
that he asked the attorney of record to “appeal my case,” and that counsel said yes, but
later wanted to “charge me to do my appeal”; the supreme court also noted that nothing
was before the court whereby petitioner was asking the court to discharge his attorney; as
counsel for petitioner, the attorney was obligated to lodge a record in the appellate court
in order to preserve the appeal; for these reasons, the motion to be relieved as counsel was
denied.
Donald E. Warren, for petitioner.
No response.
On November 27, 2007, a jury found petitioner Lee Mark Harris guilty of possession
of cocaine with intent to deliver and sentenced him to 960 months’ imprisonment in the
Arkansas Department of Correction. The judgment was entered on December 14, 2007, and
on December 10, 2007, trial counsel representing petitioner, Mr. Don Warren, filed a notice
of appeal. The appeal was not perfected and petitioner filed a pro se motion for belated appeal.
We treated the motion for belated appeal as a motion for rule on clerk to lodge the record and
granted it.
In our per curiam on October 2, 2008, we directed petitioner’s retained counsel to file
a petition for writ of certiorari to call up the entire record, as only a partial record had been
filed.
Harris v. State, CR08-762 (Ark. Oct. 2, 2008). Mr. Warren has filed the petition as
directed and we grant petitioner thirty (30) days to complete the record.
Mr. Warren also moves this court to be relieved as attorney of record. He argues that
“the interests of petitioner, Lee Mark Harris, would be best served if he is allowed to proceed
in the manner he has requested,” apparently referring to Harris’s pro se request to proceed in
forma pauperis.
We note that in his motion for pro se belated appeal (which we treated as a motion for
rule on clerk) Mr. Harris states that he asked Mr. Warren to “appeal my case” and that Mr.
Warren said yes, but later wanted to “charge me to do my appeal.” We further note that nothing
is before this court whereby Mr. Harris asks us to discharge Mr. Warren.
-2-
Mr. Warren, as counsel for petitioner, was obligated to lodge a record in the appellate
court in order to preserve the appeal. See Langston v. State, 341 Ark. 739, 19 S.W.3d 619
(2000) (per curiam).
Under Arkansas Rule of Appellate Procedure–Criminal 6(a), once an
attorney represents a defendant in a criminal matter, the attorney is obligated to continue
representing the defendant until relieved by the appropriate court. See Hammon v. State, 347
Ark. 267, 65 S.W.3d 853 (2002).
It is well settled that under no circumstances may an
attorney who has not been relieved by the court abandon an appeal. Holland v .State, 358 Ark.
366, 190 S.W.3d 904 (2004) (per curiam).
For these reasons, Mr. Warren’s motion to be
relieved as counsel is denied.
Petition for writ of certiorari to complete the record granted.
as counsel denied.
-3-
Motion to be relieved
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