Samuel Golden v. State of Arkansas
2025 Ark. App. 73
| Ark. Ct. App. | 2025Background
- Samuel Golden was convicted by a Sebastian County jury on charges of possession of marijuana and possession of drug paraphernalia.
- He received an aggregate sentence of thirty years’ imprisonment.
- Golden's appointed defense counsel filed a motion to withdraw and submitted a no-merit brief under Anders v. California and Arkansas Supreme Court Rule 4-3(b)(1), claiming the appeal has no merit.
- The appellate record was certified as complete, but the transcript of the jury’s voir dire was missing.
- The Arkansas Court of Appeals determined it could not consider the appeal or counsel's motion until the record, including the missing transcript, was supplemented.
- The Court remanded the case for supplementation of the record and denied the motion to withdraw.
Issues
| Issue | Golden's Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency of the Record | Entire record designated; appeal meritless | Record incomplete, cannot verify meritlessness | Remanded to supplement record, not ready for review |
| Compliance with Anders and Rule 4-3(b)(1) | Counsel complied; brief addressed all rulings | Missing parts make compliance unclear | Remanded to ensure full record for Anders review |
| Counsel's Motion to Withdraw | Counsel seeks withdrawal per Anders | State does not oppose on merits | Motion to withdraw denied; court requires full record |
| Handling Possible Deficiencies | Counsel noted record omission; seeks guidance | State defers to appellate court | Counsel must correct and check for further omissions |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (setting standards for court-appointed counsel seeking to withdraw on claims of a frivolous appeal)
- Campbell v. State, 74 Ark. App. 277 (2001) (no-merit appeals require full examination of the entire record, not just what is submitted by counsel)
- Walton v. State, 94 Ark. App. 229 (2006) (court's duty is to examine full record in no-merit appeals, not instruct counsel on brief content)
- Mace v. State, 2012 Ark. App. 42 (full proceedings needed for Anders compliance)
- Hadley v. State, 2010 Ark. App. 536 (emphasizing completeness of record for appellate review in no-merit cases)