Wilson v. State

2013 Ark. 438 (2013) · Supreme Court of Arkansas · October 31, 2013 · No. CV-12-794

Summary

The Supreme Court of Arkansas dismissed Charles Isaac Wilson, Jr.'s appeal from the dismissal of his writ of replevin action concerning property allegedly seized by law enforcement. The court held that Wilson could not prevail because the record did not demonstrate that any property remained in the State's possession or had not been returned, rendering his motions for an extension of time and copies of pleadings moot.

Holdings

  1. An appellant who fails to provide a sufficient record demonstrating error cannot prevail on appeal; therefore, the appeal was dismissed.
  2. Wilson's motion for an extension of time to file his brief and motion for copies of pleadings at public expense were moot after the appeal was dismissed.

Questions Presented

  1. Whether the appeal from dismissal of Wilson's writ of replevin could proceed when the record did not demonstrate that the State possessed any property belonging to him or that confiscated property had not been returned.
  2. Whether Wilson's motion for an extension of time to file his brief and motion for copies of pleadings at public expense remained justiciable after dismissal of the appeal.

Disposition

dismissed

Cases Cited (6)

  • Stevenson v. State, 2013 Ark. 302 (per curiam)(cited)
  • Davis v. State, 2013 Ark. 189 (per curiam)(cited)
  • Wilson v. State, 2011 Ark. App. 382(cited)
  • Greene v. State, 2013 Ark. 251 (per curiam)(cited)
  • Jackson v. State, 2012 Ark. 41 (per curiam)(cited)
  • Davidson v. State, 363 Ark. 86, 210 S.W.3d 887 (2005)(cited)

Cited In (0)

No citing cases on record yet.

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