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 did not comply with the governing rule because it failed to address the sufficiency of the evidence and at least two other adverse rulings. The court rejected the view that its mandatory review in life-imprisonment cases could substitute for counsel's required advocacy, overruled inconsistent precedent to that extent, denied counsel's withdrawal motion without prejudice, and ordered rebriefing. Jim Hannah, Chief Justice, dissenting, would have allowed the court to review the appeal under its mandatory-review rule despite counsel's omissions.