Conte v. State

Summary

The Arkansas Supreme Court declined to reach the merits of Richard Ralph Conte's criminal appeal because his brief and addendum did not comply with Arkansas Supreme Court Rule 4-2. The court held that a DVD recording introduced at trial was essential to the appeal and remanded for the record to be settled and supplemented with a verbatim transcription of the audio material. The court ordered rebriefing after the supplemental record was filed.

Holdings

1. An addendum that omits a DVD essential to the Supreme Court's understanding of the case and ability to decide the merits does not comply with Arkansas Supreme Court Rule 4-2(a)(8)(A)(i); the record must be supplemented before the appeal can be decided.
2. When no waiver is shown, the circuit court must require a verbatim record of proceedings involving a contested matter, and the record must be supplemented with a transcript of audio material played at trial.

Questions Presented

1. Whether the appeal should proceed when the appellant's addendum omitted a DVD recording essential to the court's understanding of the case and resolution of the issues.
2. Whether the record should be remanded for settlement and supplementation with a verbatim transcription of audio material played at trial when no waiver of the verbatim-record requirement appears.

Disposition

remanded