Summary
The Arkansas Supreme Court deferred action on Samuel L. Henderson’s appeal from his first-degree murder conviction because his abstract and addendum omitted pleadings and documents essential to reviewing his juror-misconduct claim. The court ordered Henderson to file a compliant substituted or supplemental abstract, addendum, and brief under Supreme Court Rule 4-2, with the State permitted to respond thereafter.
Topics
Practice areas
Questions Presented
- Whether the appeal should be deferred and the appellant required to cure deficiencies in his abstract, addendum, and brief under Arkansas Supreme Court Rule 4-2.
- Whether the omitted motion for new trial, response, supporting affidavits, and notice of appeal were essential to appellate review of the juror-misconduct issue and the court's jurisdiction.
Holdings
- When an appellant's abstract or addendum is so deficient that the court cannot reach the merits or an unreasonable or unjust delay may result, the court may notify the appellant and provide an opportunity to file a substituted or supplemental abstract, addendum, and brief complying with Rule 4-2.
- Henderson's abstract and addendum were deficient because they omitted documents essential to review of his new-trial and juror-misconduct claim; he was ordered to file a complying abstract, addendum, and brief within fifteen days.
Key quotations
“If after the opportunity to cure the deficiencies, the appellant fails to file a complying abstract, addendum, and brief within the prescribed time, the judgment or decree may be affirmed for noncompliance with the rule.” (349 Ark. at 249)
Factual background
Henderson was convicted of first-degree murder for the shooting death of cab driver Paul Hill and received a life sentence. His appeal included a challenge to the denial of a new-trial motion based on alleged juror misconduct. The appellate materials included testimony from two witnesses but omitted the motion for new trial, the State's response, supporting affidavits, and the notice of appeal and designation of the record.
Procedural history
Henderson was convicted of first-degree murder and sentenced to life imprisonment. He appealed and challenged, among other matters, the denial of his motion for a new trial based on alleged juror misconduct. The Supreme Court determined that the appellate materials were deficient, ordered Henderson to file a complying abstract, addendum, and brief within fifteen days, and allowed the State five days to respond.
Remand instructions
Henderson must file a complying abstract, addendum, and brief within fifteen days from entry of the order. The appellee may respond within five days thereafter.