Rainey v. State

2016 Ark. App. 582

Opinion

Cite as 2016 Ark. App. 582

ARKANSAS COURT OF APPEALS

EN BANC No. CR-12-950

Opinion Delivered: NOVEMBER 30, 2016

THOMAS RAINEY APPEAL FROM THE DALLAS APPELLANT COUNTY CIRCUIT COURT [NO. 20CR-10-26] V. HONORABLE DAVID CLINGER, JUDGE STATE OF ARKANSAS APPELLEE MOTION STRICKEN

PER CURIAM

Ms. Teresa Bloodman, appellant’s former attorney, tendered a motion requesting this

court to reconsider our recent opinion in this case. See Rainey v. State, 2016 Ark. App. 505.

Although Ms. Bloodman alleges that our opinion removed her from this case because of

briefing deficiencies, we removed her because she had recently been placed on interim

suspension pending disbarment proceedings and was, therefore, currently prohibited from

practicing law. Id. Thus, we appointed Mr. Jonathan Streit to represent appellant in this

case, to correct the briefing deficiencies noted, and to submit a substituted brief in this

appeal. Id.

A person who is not a licensed attorney may not practice law in Arkansas Abel v.

Kowalski, 323 Ark. 201, 913 S.W.2d 788 (1996). In Davenport v. Lee, 348 Ark. 148, 72

S.W.3d 85 (2002), our supreme court held that where a party not licensed to practice law

in this state attempts to represent the interest of others by submitting himself or herself to Cite as 2016 Ark. App. 582

the jurisdiction of the court, those actions, such as filing pleadings, are rendered a nullity.

Thus, because Ms. Bloodman is currently unauthorized to practice law, has been removed

from this case, and is, therefore, prohibited from representing appellant, we must strike this

motion as a nullity. See Abel, supra.

Motion stricken.

VIRDEN, J., not participating.