Joiner v. State

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ARKANSAS SUPREME COURT No. CR 08-1485 Opinion Delivered May 7, 2009 v. PRO SE MOTION TO COMPEL ATTORNEY TO ADHERE TO RULES OF PROFESSIONAL CONDUCT [CIRCUIT COURT OF COLUMBIA COUNTY, CR 2006-211, HON. LARRY CHANDLER, JUDGE] STATE OF ARKANSAS Appellee MOTION DENIED. SHEQUITA L. JOINER Appellant PER CURIAM In 2007, a jury found appellant Shequita L. Joiner guilty of aggravated robbery and theft of property and sentenced her to an aggregate term of 480 months’ imprisonment. The Arkansas Court of Appeals affirmed the judgment. Joiner v. State, CACR 08-151 (Ark. App. Jun. 18, 2008). Appellant filed through counsel a petition for postconviction relief under Arkansas Rule of Criminal Procedure 37.1 that was denied. Counsel lodged in this court an appeal of that order on appellant’s behalf. Appellant, acting pro se, filed the instant motion seeking to compel her attorney to adhere to the rules of professional conduct, complaining that her attorney had not communicated adequately with her or kept her informed of progress in the matter, that her attorney demonstrated a lack of candor in her communications, and that her attorney had requested two extensions of time in order to file the brief. Counsel for appellant, Ms. Dana A. Reece, has timely filed appellant’s brief. In her motion, appellant does not identify the specific actions as to this appeal that she would have this court impose upon counsel, only requesting that we impose an order for compliance with the rules of conduct generally. Appellant does not demonstrate that she has experienced or may suffer any prejudice to her appeal from counsel’s actions to date or the alleged unprofessional conduct. Whether or not appellant may have genuine cause for dissatisfaction with counsel’s behavior, she has not established a basis for this court to grant her motion. Appellant’s motion is therefore denied. We note that complaints concerning attorney conduct may be directed to our Office of Professional Conduct. That office is charged with investigation of such complaints and processing of complaints for resolution through initiation of disciplinary proceedings before the Committee on Professional Conduct or otherwise. P. Reg. Prof’l Conduct 5(C). Motion denied. -2-

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