Story v. State

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Thomas F. STORY v. STATE of Arkansas

95-504                                             ___ S.W.2d ___

                    Supreme Court of Arkansas
               Opinion delivered February 26, 1996


Appeal & error -- motion to dismiss appeal denied -- motion to 
     disqualify trial court denied -- certiorari granted. -- Where
     the State moved to dismiss appellant's appeal because no
     action to settle the record had been taken upon remand by the
     trial court, the supreme court denied the motion; where
     appellant moved to disqualify the trial judge, claiming that
     the delay was the result of bias, the supreme court denied the
     motion; where appellant asked that the record include
     transcripts of a hearing and a telephone conference held by
     the trial judge, the supreme court granted certiorari and
     ordered the circuit court to present within thirty days to the
     supreme court the settled record in the matter, including
     transcripts of any recorded hearing or recorded hearing by
     telephone conference concerning the case that occurred on
     specified dates.


     Motion to Dismiss Appeal denied; Motion to Disqualify the
Trial Court denied; Certiorari granted.
     Thomas F. Story, pro se.
     Winston Bryant, Att'y Gen., by:  Clint Miller, Acting Deputy
Att'y Gen. and Senior Appellate Advocate, for appellee.

     Per Curiam.
2/26/95   *ADVREP7*     


                                        95-504

THOMAS F. STORY                                        
                                        Motion to Dismiss Appeal
          Appellant                     Denied
                                        
        v.                              Motion to Disqualify the
                                        Trial Court Denied 
STATE OF ARKANSAS
                                                                  
          Appellee                      Certiorari Granted        
    





                           Per Curiam.


     After being convicted of aggravated assault, appellant Thomas
F. Story petitioned the Searcy County Circuit Court to return bond
money allegedly posted on his behalf by a party who was allegedly
reimbursed by Mr. Thomas.  The petition was denied, and Mr. Story
appealed.  
     In response to a contention by Mr. Story that the record of
proceedings concerning the return of the bond money was incomplete,
we remanded the case to the Trial Court on June 26, 1995, to settle
the record.  The State has moved to dismiss the appeal because no
action to settle the record has been taken by the Trial Court.  
     Mr. Story has moved to disqualify Circuit Judge David
Reynolds, claiming the delay is the result of bias.  He also asks
that the record include transcripts of a hearing held by Judge
Reynolds on July 15, 1995, and a telephone conference with Judge
Reynolds which occurred on July 17, 1995, each of which concerned
the issue at hand.
     The Searcy County Circuit Court is ordered to present to this
Court within 30 days the settled record in this matter, to include
transcripts of any recorded hearing or recorded hearing by
telephone conference concerning this case and which occurred on
July 15 or July 17, 1995.
     The State's motion to dismiss the appeal is denied.  Mr.
Story's motion to disqualify Judge Reynolds is denied without
prejudice.

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