Davis v. State

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Cite as 2011 Ark. 319 SUPREME COURT OF ARKANSAS No. CR 10-1143 ROBERT LEE DAVIS, JR. Opinion Delivered September 2, 2011 APPELLANT APPEAL FR O M THE PU LASKI COUNTY CIRCUIT COURT, [NO. CR-2009-1024] HON. MARION HUMPHREY, JUDGE, V. STATE OF ARKANSAS APPELLEE SUPPLEMENTAL ORDERED. ADDENDUM PER CURIAM Following a jury trial, appellant Robert Lee Davis, Jr. was convicted of one count of capital murder and one count of aggravated robbery. He was sentenced to life without parole. The issue on appeal is whether Davis s sister, Latasha Smith, should have been deemed unavailable as a witness. We order that Davis submit a supplemental addendum within seven calendar days to cure deficiencies in his addendum. Arkansas Supreme Court Rule 4-2(a)(8) requires that an appellant s brief include an addendum consisting of all documents essential to the appellate court s resolution of the issues on appeal. In cases where there was a jury trial, the jury s verdict forms shall be included. See Ark. Sup. Ct. R. 4-2(a)(8)(A)(i). Because Davis has not included the jury s verdict forms in his addendum, we direct him to correct this deficiency by filing a supplemental addendum within seven calendar days from the date of this opinion. See Ark. Sup. Ct. R. 4-2(b)(4); In Cite as 2011 Ark. 319 re 4-2(b) of the Rules of the Supreme Court, 2011 Ark. 141. We strongly encourage appellate counsel, prior to filing the supplemental addendum, to review our rules as well as the addendum to ensure that no additional deficiencies are present. 2

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