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MCDONALD v STATE ARK ] Cite as 360 Ark 210 (2004) 219 Jim McDONALD v STATE ofArkansas CR 04 -719 200 S_W3d 443 Supreme Court of Arkansas Opinion delivered December lb, 2004 APPEAL & ERROR MOTION TO BE RELIEVED AS COUNSEL GRANTED SUBSTITUTE COUNSEL APPOINTED Pursuant to Rule 16 of the Rules of Appellate Procedure Criminal, where petinoner's attorney had been hired as the full-time Director and Professor of Paralegal Studies at the University of Arkansas at Fort Smith, and she also anticipated that petitioner would petition the court for Rule 37 relief, thereby creating a potential for a conflict of interest, the court relieved petitioner's attorney and appointed new counsel for him. Motion to be Relieved granted; motion for appointment of counsel granted: The Lisk Firm, by: Lynn Lisk, for petitioner: No response: CURIAM. Appellant's attorney, Lynn Lisk's, motion p to be relieved as counsel and to appoint substitute counsel is granted pursuant to Rule 16 of the Rules of Appellate ProcedureCriminal
110 [360 Appellant, Jim McDonald, was sentenced to life imprisonment in the Arkansas Department of Correction after pleading guilty to the charge of rape Appellant was recognized as indigent by the trial court, and appellant's appeal to this court was filed in forma paupens: Appellant's underlying appeal requested that the court reyiew the propriety of appellant's sentence of life imprisonment Appellant's attorney, Lynn Lisk, has been hired as the full-time Director and Professor of Paralegal Studies at the University of Arkansas at Fort Smith Also, appellant's attorney anticipates appellant will petition the court for Rule 37 relief, thereby creating a potential for a conflict of interest [1] Rule 16 states in pertinent part that the appellate court has exclusive jurisdiction to relieve counsel and appoint new counsel in the "interest of justice or for other good cause " Accordingly, the court relieves attorney Lynn Lisk and appoints David Durngan as attorney for appellant
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