Summary
The Arkansas Supreme Court ordered rebriefing in Stanley Carter’s appeal from rape convictions because his brief and addendum failed to comply with Arkansas Supreme Court Rule 4-3(i), including by omitting relevant testimony and circuit-court rulings. Because this was the third rebriefing order, the court removed appointed counsel and requested new counsel for Carter.
Topics
Practice areas
Questions Presented
- Whether the appellant's brief and abstract complied with Arkansas Supreme Court Rule 4-3(i) sufficiently to permit appellate review.
- Whether rebriefing and removal of appointed appellate counsel were warranted after repeated noncompliance with the briefing and abstracting requirements.
Holdings
- An appellate brief is deficient when the abstract and addendum omit testimony, adverse rulings, or record materials necessary to understand and assess the issues raised on appeal; after repeated noncompliance, the court may order rebriefing.
- When counsel repeatedly fails to comply with the court's briefing and abstracting requirements after prior rebriefing orders, the court may remove counsel and require appointment of substitute counsel.
Key quotations
“While counsel has abstracted the adverse rulings made by the circuit court over the course of trial, they have little meaning without the context of the evidence that was introduced and the circumstances during which the adverse rulings occurred.” (2015 Ark. 259, at 2)
Factual background
Carter was convicted by a jury of three rape counts and received one life sentence and two fifty-year terms. His appeal challenged the denial of a motion to dismiss alleging a speedy-trial violation, but the appellate record and brief failed to include material testimony, adverse rulings, and the relevant order needed for review.
Procedural history
A jury convicted Carter of three counts of rape, resulting in one life sentence and two fifty-year sentences. The Supreme Court had previously ordered rebriefing because of deficiencies in the abstract and addendum. After a third deficient brief, the court ordered rebriefing again and removed appellate counsel, directing that new counsel be appointed.
Remand instructions
Rebriefing was ordered. Present counsel was removed, and the Arkansas Public Defender Commission was requested to assign new counsel for substitution and appointment by the court.