Appellant’s filing of a petition under the rule is premature. A trial court is without
authority to decide a petition for postconviction relief on the merits when the petition is filed
while an appeal is pending. Brewer v. State, 274 Ark. 38, 621 S.W.2d 698 (1981). A petition for
postconviction relief must be filed after the mandate is issued because when a case is on appeal
the trial court does not regain jurisdiction over the case until that event occurs. Doyle v. State,
319 Ark. 175, 176, 890 S.W.2d 256, 257 (1994) (per curiam).
ARKANSAS SUPREME COURT
No. CR 071038
STATE OF ARKANSAS
January 17, 2008
PRO SE MOTION FOR
APPOINTMENT OF OTHER COUNSEL
[CIRCUIT COURT OF BENTON
COUNTY, CR 2005477]
AppellantDarraBarritt was foundguiltyof firstdegree batteryand sentenced to twelveyears’
imprisonment. The Arkansas Court of Appeals affirmed on direct appeal and dismissed a cross
appeal by the appellee. Barritt v. State, CACR 061261 (Ark. App. Sept. 19, 2007). This court
granted review on November 8, 2007. Appellant, who has been represented on appeal by an
appointed attorney, Brian Burke, now asks in a pro se motion that a different attorney be appointed
to represent her in this court.
Appellant contends that new counsel should be appointed because she has filed in the trial
court a petition for relief pursuant to Criminal Procedure Rule 37.1, creating a conflict of interest for
counsel. 1 Appellant does not explain the nature of the conflict, but even if she has alleged that Mr.
Burke has not afforded her effective representation, she has offered no facts to demonstrate to this
court that there is good cause to replace counsel at this juncture.