Burns v. State
2017 Ark. LEXIS 252
| Ark. | 2017Background
- Justin Burns was charged with rape (Class Y felony) and represented by a public defender; case pending since Feb 2016 with multiple court appearances.
- On October 24, 2016, the day of plea, Burns (through counsel) orally requested a continuance so he could hire private counsel; the circuit court denied the request.
- Burns entered an unconditional guilty plea that included a written "Plea and Waiver" signed by Burns expressly waiving the right to appeal his conviction.
- The plea agreement reserved sentencing to a jury; a jury sentencing trial was held where the State presented witnesses and Burns did not testify.
- The jury sentenced Burns to life in prison; Burns appealed solely claiming the pre-plea denial of his motion for continuance violated his constitutional right to choice of counsel.
- The Arkansas Supreme Court dismissed the appeal for lack of jurisdiction, concluding appeals following a guilty plea are barred except in limited, enumerated circumstances which Burns did not meet.
Issues
| Issue | Burns's Argument | State's Argument | Held |
|---|---|---|---|
| Whether denial of a day-of-trial continuance to obtain private counsel violated Burns's right to choose counsel | Denial deprived him of constitutional right to choice of counsel; cites Thorne and Arroyo | Appeal is barred because Burns pleaded guilty and waived appellate rights; continuance claim not preserved within plea exceptions | Dismissed for lack of jurisdiction — appeal from guilty plea not permitted absent recognized exceptions |
| Whether Burns's unconditional guilty plea preserved any right to appeal the pre-plea continuance denial | N/A (claims advanced post-plea) | The written plea waiver and colloquy waived appeal rights; Burns did not enter a conditional plea reserving this issue | Waiver and Rule prevent review; not within allowed post-plea appeals |
| Whether any exception (conditional plea, sentence legality, or sentencing-evidence challenge) applies | Burns argued constitutional error, but did not assert applicable exception | No conditional plea; challenge is to pre-plea continuance, not sentence legality or sentencing-evidence | No exception applies; lack of jurisdiction |
| Whether record review under Ark. Sup. Ct. R. 4-3(i) shows reversible error given life sentence | N/A on merits | Court reviewed record for prejudicial error per Rule 4-3(i) | No reversible error found |
Key Cases Cited
- Reeves v. State, 339 Ark. 304 (states that appeals from guilty pleas are generally barred)
- Seibs v. State, 357 Ark. 331 (reiterating limits on appeals following guilty pleas)
- Burgess v. State, 2016 Ark. 175 (defendant waives appellate rights by pleading guilty)
- Thorne v. State, 269 Ark. 556 (discussing continuance and right to choose counsel in jury-conviction context)
- Ungar v. Sarafite, 376 U.S. 575 (trial-court discretion on continuances; only arbitrary denial violates right to counsel)
- Arroyo v. State, 2013 Ark. 244 (continuance/choice-of-counsel analysis in trial conviction context)