Serandon Starling, Appellant v. State of Arkansas, Appellee — Hart, J., Dissenting

Summary

Justice Hart dissented from the majority’s treatment of counsel’s Anders brief, concluding that counsel had identified at least two nonfrivolous challenges to the refusal to instruct the jury on manslaughter. She reasoned that evidence that the appellant fired toward the victim’s car intending only to frighten him, and evidence that the victim possessed a gun, could support reckless-manslaughter and extreme-disturbance-manslaughter instructions. Justice Hart would deny counsel’s motion to withdraw and require rebriefing in merit form.