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AR: Appellate counsel determines the issues, not the client

By John Wesley Hall, Jr.

In an Arkansas death case on post-conviction, the inmate sought to force his attorneys off the case because they did not meet with him and would not argue the issues he thought important. That is not his right. Lee v. State, CR08-160 (Ark. March 19, 2009): We noted in our decision on appellant’s previous pro se motion that, at this stage in the proceedings, the issues raised in appellant’s pro se pleadings are merely an attempt to substitute appellant’s own judgment for that of his attorneys and compete with appointed counsel to be heard. An appellant is not entitled to accept appointment of counsel to represent him, and also proceed pro se. Brewer v. State, 371 Ark. 532, 268 S.W.3d 332 (2007) (per curiam). This court will not permit an appellant to compete with his attorney to be heard in an appeal...continue to full post

Full post as published by Law Of Criminal Defense on March 24, 2009 (boomark / email).