{
  "id": 3688583,
  "name": "Jeffrey L. BOEN v. STATE of Arkansas",
  "name_abbreviation": "Boen v. State",
  "decision_date": "2008-06-19",
  "docket_number": "CR 08-588",
  "first_page": "61",
  "last_page": "62",
  "citations": [
    {
      "type": "official",
      "cite": "374 Ark. 61"
    },
    {
      "type": "parallel",
      "cite": "285 S.W.3d 667"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "353 Ark. 359",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1155557
      ],
      "weight": 2,
      "year": 2003,
      "opinion_index": 0,
      "case_paths": [
        "/ark/353/0359-01"
      ]
    }
  ],
  "analysis": {
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  "last_updated": "2023-07-14T22:36:09.980592+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Jeffrey L. BOEN v. STATE of Arkansas"
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nAppellant Jeffrey L. Boen was convicted of theft of property, a class B felony, and criminal mischief, a class A misdemeanor, in the Johnson County Circuit Court. The judgment was filed for record on July 9, 2007. Boen\u2019s notice of appeal was filed on August 29, 2007, by new counsel, John Cameron Burnett. Trial counsel, Kenneth A. Hodges, tendered the record on May 16, 2008, which our clerk correctly declined to file.\nHodges moves this court to direct our clerk to file the record, arguing unavoidable casualty. Hodges states that he informed Boen of both the need to file a notice of appeal within thirty days of the date of judgment and of the cost of the appeal. According to Hodges, Boen then elected to get another attorney. The notice of appeal was filed by Burnett.\nIn his motion for rule on clerk, Hodges argues that the judgment was filed of record on July 31, 2007. The notice of appeal supplied to this court says that \u201cJeffery L. Boen ... appealed the Decree of the Circuit Court entered on July 19, 2007.\u201d The judgment furnished as an exhibit to this court is dated July 19, 2007, but is file marked July 31, 2007, which is timely. The motion for rule on clerk is granted.\nBoth Hodges and Burnett move the court to be relieved as counsel. By filing the notice of appeal, Burnett subjected himself to the court\u2019s jurisdiction and to the requirement of Rule 16. Ark. R. App. P. \u2014 Crim. 16(a). Although he was apparently relieved by an order included in the record, the trial court had no authority to relieve counsel after the notice of appeal was filed because exclusive jurisdiction to relieve rests with the appellate court. After he entered his appearance, Burnett effectively abandoned the appeal. It is well settled that under no circumstances may an attorney who has not been relieved by this court abandon an appeal. Rogers v. State, 353 Ark. 359, 107 S.W.3d 166 (2003). Because Burnett took the initiative to file the notice of appeal, he has the responsibility to pursue the appeal, and his motion to be relieved as counsel is denied. Because we find Burnett committed attorney error, we refer him to the Committee on Professional Conduct.\nBurnett\u2019s motion to be relieved as counsel is denied; Hodges\u2019s motion to be relieved as counsel is granted; motion for rule on clerk is granted.",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [
      "John Cameron Burnett, for appellant.",
      "No response."
    ],
    "corrections": "",
    "head_matter": "Jeffrey L. BOEN v. STATE of Arkansas\nCR 08-588\n285 S.W.3d 667\nSupreme Court of Arkansas\nOpinion delivered June 19, 2008\nJohn Cameron Burnett, for appellant.\nNo response."
  },
  "file_name": "0061-01",
  "first_page_order": 85,
  "last_page_order": 86
}