Supreme Court of Arkansas
Kou Her, Appellant v. State of Arkansas, Appellee
March 5, 20152015 Ark. LEXIS 117
Summary
The court held that appointed appellate counsel's no-merit brief failed to comply with the governing rule because it omitted the sufficiency issue and other adverse rulings. The court ordered counsel to file a substituted brief and denied the motion to withdraw without prejudice, explaining that the court's mandatory review in life-imprisonment cases could not replace counsel's duty to provide the advocacy required for a no-merit appeal. Chief Justice Hannah, joined by Justice Wood, dissented, contending that the court should conduct its mandatory review and reach the appeal despite the omissions.