James Carrigan v. State of Arkansas

James CARRIGAN v. STATE of Arkansas

CR 96-353                                          ___ S.W.2d ___

                    Supreme Court of Arkansas
               Opinion delivered October 14, 1996


Contempt -- motion to file belated brief denied -- show-cause order
     issued. -- Where the clerk of the supreme court notified
     appellant's attorney on September 12, 1996, that appellant's
     brief was five months overdue, the attorney having neither
     tendered a brief nor asked for an extension of time in which
     to file a brief; where the attorney did not respond until
     September 27, 1996, when he asked that he be given until
     November 8, 1996, to file a belated appellant's brief; and
     where the attorney had given no reason for his failure to
     timely file the brief, the supreme court denied the motion to
     file a belated brief and ordered appellant's attorney to
     appear before the court on October 28, 1996, to show cause why
     he should not be held in contempt for the failure to timely
     file appellant's brief.     


     Motion to File Belated Brief; denied.
     David Mark Gunter, for appellant.
     No response.

     Per Curiam.
     James Carrigan was convicted below and seeks to appeal the
judgment of conviction.  On March 27, 1996, his attorney, David
Mark Gunter, lodged the transcript from the trial in the Circuit
Court of Hempstead County.  The Clerk of this Court notified the
attorney that appellant's brief was to be filed in this court by
April 27, 1996.  On September 12, 1996, the Clerk of this Court
notified the attorney that appellant's brief was five months
overdue, and yet he had neither tendered a brief nor asked for an
extension of time in which to file a brief.  The attorney did not
respond until September 27, 1996, when he asked that he be given
until November 8, 1996, to file a belated appellant's brief.  The
attorney has given no reason for his failure to timely file the
brief.  
     The motion to file a belated brief is denied, and David Mark
Gunter is ordered to appear before this court at 9:00 a.m. on October 28, 1996, to show cause why he should not be held in
contempt for the failure to timely file the appellant's brief.