Troy L. McCulley, Appellant v. State of Arkansas, Appellee

Summary

The court granted McCulley's motion for rule on clerk after determining that appointed counsel was responsible for timely lodging the record in an appeal from the denial of postconviction relief and had failed to do so. Counsel's mistaken belief that he could cease representation without court permission did not establish good reason for the late filing, but the court nevertheless allowed the appeal to proceed and referred the matter to the Committee on Professional Conduct. Justice Hart, dissenting, would have denied the motion because counsel lacked a duty to obtain or file the record without compensation after McCulley elected to proceed pro se.