Mitchem v. State

363 Ark. 451 (2005) · Supreme Court of Arkansas · October 6, 2005

Summary

The Arkansas Supreme Court grants Robert Lee Mitchem’s petition for a writ of certiorari to complete the record in his criminal appeal. The court directs the Craighead County Circuit Court clerk to file a certified supplemental record within thirty days, while limiting the additional time granted to complete the record to thirty days.

Holdings

  1. The Arkansas Supreme Court granted the petition and directed issuance of a writ of certiorari requiring the clerk of the Craighead County Circuit Court to complete and file a certified supplemental record.
  2. Mitchem was not entitled to the requested additional sixty days; the court granted only the thirty-day period authorized by Rule 3-5.

Questions Presented

  1. Whether the Arkansas Supreme Court should issue a writ of certiorari under Rule 3-5 to permit completion of the appellate record after the petitioner had exhausted the available extensions of time.
  2. Whether the petitioner was entitled to an additional sixty days to complete the record.

Disposition

writ_granted

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