ARKANSAS SUPREME COURT
NOT DESIGNATED FOR PUBLICATION

September 18, 2003

BILLY JOE CAMPBELL

Appellant

v.

STATE OF ARKANSAS

Appellee

CR 03-570

PRO SE MOTION FOR APPOINTMENT OF COUNSEL [CIRCUIT COURT OF CLARK COUNTY, NO. CR 2001-80, HON. JOHN THOMAS, JUDGE]

MOTION DENIED

Per Curiam

Billy Joe Campbell entered a plea of guilty to multiple felony charges in 2002 and was sentenced to an aggregate term of 600 months' imprisonment. Campbell subsequently filed in the trial court a timely petition for postconviction relief pursuant to Rule 37 challenging the judgment. The trial court denied the petition, and Campbell has appealed to this court. He now asks that counsel be appointed to represent him.

Postconviction matters are considered civil in nature with respect to the right to counsel, and there is no absolute right to appointment of counsel in civil matters. See Virgin v. Lockhart, 288 Ark. 92, 702 S.W.2d 9 (1986). We have held, however, that if an appellant makes a substantial showing that he is entitled to relief in a postconviction appeal and that he cannot proceed without counsel, we will appoint counsel. See Howardv. Lockhart, 300 Ark. 144, 777 S.W.2d 223 (1989). Inasmuch as appellant offers no showing of merit in the motion, he has failed to establish that counsel should be appointed to represent him on appeal. Accordingly, the motion for appointment of counsel is denied.

Motion denied.

Arnold, C. J., and Thornton, J., not participating.