Chatmon v. State

Summary

The Arkansas Supreme Court remanded Rolandis Larenzo Chatmon's criminal appeal to settle and supplement the record and ordered rebriefing. The court found that the record lacked verbatim transcripts of audio recordings played at trial and that the appellant's addendum improperly included a photocopy rather than the relevant compact disc. The court directed supplementation within thirty days and filing of a substituted brief thereafter.

Holdings

1. A photocopy of an audio disc does not satisfy Arkansas Supreme Court Rule 4-2(a)(8)(A)(i) when the disc is essential for the appellate court to understand the case and decide the issues on appeal.
2. Unless waived on the record, the circuit court must ensure that a verbatim record is made of proceedings and communications concerning contested matters, including audio recordings played for the jury.
3. After the supplemental record is filed, the appellant must file a substituted brief complying with the rules governing abstracting stenographically reported material and items included in the addendum.

Questions Presented

1. Whether the appeal could be decided when the addendum contained only a photocopy of an audio disc essential to the court's understanding and resolution of the issues.
2. Whether the record complied with Arkansas Supreme Court Administrative Order No. 4(a) when it lacked a verbatim record of audio recordings played for the jury.
3. Whether Chatmon was required to file a substituted brief complying with Arkansas Supreme Court Rule 4-2(a)(5) and (8).

Disposition

remanded