Lee v. State (Concurring)

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Cite as 2017 Ark. 148 SUPREME COURT OF ARKANSAS No. CR-08-160 Opinion Delivered: April LEDELL LEE APPELLANT V. 20, 2017 MOTION TO RECALL THE MANDATE STATE OF ARKANSAS APPELLEE CONCURRING OPINION. RHONDA K. WOOD, Associate Justice Ledell Lee seeks to recall the mandate this court issued in Lee v. State, 2009 Ark. 255, 308 S.W.3d 596. There, we affirmed the denial of Lee’s second petition for postconviction relief. We had granted Lee an opportunity to file a second petition because his first postconviction counsel had been intoxicated during the proceedings. See Lee v. State, 367 Ark. 84, 238 S.W.3d 52 (2006). Lee argues in his current motion that his second postconviction counsel was ineffective. However, as we recently held, “we do not entertain a claim for recalling the mandate based solely on allegations of ineffective assistance of postconviction counsel.” Ward v. State, 2015 Ark. 62, at 9–10, 455 S.W.3d 830, 835. We also noted that the circumstances presented in Lee’s first postconviction case were “extraordinary.” Id. Because the allegations here are not extraordinary, we cannot entertain them in a motion to recall the mandate.