Raglon v. State, 2016 Ark. 219

Rashune Leon Raglon was convicted by a Jefferson County jury of second-degree murder and sentenced to an aggregate 780 months’ imprisonment on December 11, 2015.
On December 22, 2015, the trial court granted appointed trial counsel’s motion to be relieved but did not appoint successor appellate counsel.
Raglon filed a pro se notice of appeal on December 28, 2015.
Raglon filed a pro se motion for belated appeal (seeking a writ of certiorari to lodge the record) and asserted his trial attorney abandoned him and was ineffective for not continuing on appeal.
The Supreme Court treated the motion as a motion for rule on clerk to lodge the appeal and as a request for appointment of counsel on appeal, granted both, and issued a writ of certiorari to complete the record.
Clinton W. Lancaster was appointed to represent Raglon; the clerk was directed to lodge the partial record and obtain a complete record within 30 days, after which a briefing schedule will be set.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Raglon is entitled to have the appeal lodged and the record completed	Raglon contends he should be allowed to proceed with appeal and that counsel’s relief left him without representation	State/respondent did not contest the need to lodge the appeal; procedural default by trial court is at issue	Motion treated as rule on clerk and granted; writ of certiorari issued to complete the record within 30 days
Whether Raglon was denied right to counsel on direct appeal when trial counsel was relieved and no successor was appointed	Raglon argues counsel abandoned him and he was effectively denied counsel for his first appeal of right	State/respondent implied that the relief of counsel without appointment was procedural error	Court held failure to appoint successor deprived an indigent defendant of right to counsel on first appeal and granted appointment of appellate counsel

Early v. Hobbs, 467 S.W.3d 150 (Ark. 2015) (treating belated-appeal motion as motion for rule on clerk when notice was timely)
Wrenn v. State, 141 S.W.3d 362 (Ark. 2004) (failure to appoint new counsel after relieving appointed counsel deprives indigent defendant of right to direct appeal)
Evans v. State, 151 S.W.3d 314 (Ark. 2004) (first appeal of right entitles criminal defendant to appointed counsel)
Douglas v. California, 372 U.S. 353 (U.S. 1963) (indigent defendants have right to counsel on first appeal of right)