Supreme Court of Arkansas
Troy L. McCulley, Appellant v. State of Arkansas, Appellee — Hart, J., Dissenting
November 5, 20152015 Ark. LEXIS 621
Summary
In dissent, Justice Hart would have denied the motion for rule on clerk because the petitioner, not his former counsel, bore responsibility for perfecting the civil post-conviction appeal when counsel had advised that he would not represent the petitioner without compensation. She further concludes that referring counsel to the Committee on Professional Conduct was unwarranted and that imposing an uncompensated obligation to obtain the record and continue representation impermissibly took counsel's property. The dissent contests the majority's application of prior authority concerning counsel's obligations in post-conviction appeals.