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Kimble v. State

965 S.W.2d 139, 61 Ark. App. 25, 1998 Ark. App. LEXIS 141
CourtCourt of Appeals of Arkansas
DecidedFebruary 25, 1998
DocketCA CR 97-821
StatusPublished

This text of 965 S.W.2d 139 (Kimble v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kimble v. State, 965 S.W.2d 139, 61 Ark. App. 25, 1998 Ark. App. LEXIS 141 (Ark. Ct. App. 1998).

Opinions

John Mauzy Pittman, Judge.

Mr. James Marschewski, Public Defender for the Twelfth Judicial District and attorney for the appellant, has filed this motion seeking leave to withdraw as counsel. He seeks to have the recendy created Capital, Conflicts, and Appellate Office of the Arkansas Public Defender Commission appointed as counsel for appellant. As grounds for his motion, Mr. Marschewski cites his office’s heavy caseload and limited resources.

Mr. Marschewski failed to serve a copy of his motion on the Capital, Conflicts, and Appellate Office. Therefore, we ordered our Clerk to serve that office. The Executive Director of the Public Defender Commission has now responded. She denies that Mr. Marschewski’s motion should be granted, asserting that the Capital, Conflicts, and Appellate Office is afflicted with its own substantial caseload and limited resources.

Our supreme court was recendy faced with an identical motion from Mr. Marschewski’s office in the case of Efurd v. State, CR97-1208. That motion was denied without comment on January 29, 1998. Inasmuch as the two motions are indistinguishable from one another, and in light of the circumstances faced by the Capital, Conflicts, and Appellate Office, we are not persuaded that the motion before us should be granted.

Motion denied.

Robbins, C.J., and Jennings, Bird, and Stroud, JJ., agree. Rogers, Crabtree, and Roaf, JJ., concur and would deny the motion without comment. Arey, Neal, Griffen, and Meads, JJ., dissent.

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Related

People v. Mullins
532 P.2d 736 (Supreme Court of Colorado, 1975)
Sanders v. State
956 S.W.2d 868 (Supreme Court of Arkansas, 1997)
Ball v. Roberts
722 S.W.2d 829 (Supreme Court of Arkansas, 1987)
State v. Post
845 S.W.2d 487 (Supreme Court of Arkansas, 1993)
Mears v. Hall
569 S.W.2d 91 (Supreme Court of Arkansas, 1978)

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Bluebook (online)
965 S.W.2d 139, 61 Ark. App. 25, 1998 Ark. App. LEXIS 141, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kimble-v-state-arkctapp-1998.