Supreme Court of Arkansas

Kou Her, Appellant v. State of Arkansas, Appellee — Hannah, J., Dissenting

March 5, 20152015 Ark. LEXIS 117

Summary

The dissent argues that the court should review the no-merit appeal rather than order rebriefing, despite counsel's failure to discuss every adverse ruling. It reasons that mandatory review applies in cases involving a sentence of death or life imprisonment and that counsel's omissions did not violate the applicable constitutional standard. The dissent further maintains that prior precedent permitting review of arguably adverse rulings remains valid and that any attorney noncompliance should be addressed through professional discipline. The opinion is a dissent and therefore states no controlling holding.