McGehee v. State

Charles Allen McGEHEE v. STATE of Arkansas

CR 95-368                                          ___ S.W.2d ___

                    Supreme Court of Arkansas
                Opinion delivered March 11, 1996


Appeal & error -- motion for extension to complete record -- 
     partial transcript filed -- motion granted. -- Where appellant
     filed a motion for an extension of time for the circuit court
     reporter to complete the record, attaching a written statement
     from the reporter informing the appellate court that her
     records had been vandalized, and where a partial transcript
     had been filed in the case, the supreme court granted
     appellant's motion and directed the trial court, court clerk,
     court reporter, and counsel for appellant and appellee to
     attempt to reconstruct the missing parts of the record and to
     settle and return the record within thirty days in accordance
     with Ark. R. App. P. Civ. 6(d), made applicable in criminal
     cases pursuant to Ark. R. App. P. Crim. 5(a).


     Motion for Extension of Time to Complete the Record; granted.
     William M. Howard, Jr., for appellant.
     No response.

     Per Curiam.
Per Curiam 3-11-96   *ADVREP10*







CHARLES ALLEN MCGEHEE,
               APPELLANT,

V.

STATE OF ARKANSAS,
               APPELLEE,

CR 95-368




MOTION FOR EXTENSION OF TIME TO
COMPLETE THE RECORD





MOTION GRANTED.






                                                  


     On January 16, 1996, we granted the appellant's petition for
writ of certiorari to complete the record in this capital-murder
case.  The writ was returnable on February 15, 1996.  On that date,
appellant, Charles Allen McGehee, through his attorney, William M.
Howard, Jr., filed this motion for extension of time for the court
reporter, Val Dixon-Sims, to complete the record.  Attached to the
motion is a written statement from Ms. Dixon-Sims informing us that
her records, including tapes relating to this case, were vandalized
on January 17, 1995.  A partial transcript has been filed in this
case, but the contents of certain bench conferences have not been
included, despite Ms. Dixon-Sims's contention that she recorded
them at trial and has since transcribed "what [she] could of the
proceedings."
     Consequently, we grant appellant's motion and direct the trial
court, court clerk, court reporter, and counsel for appellant and
appellee to attempt to reconstruct the missing parts of the record
and to settle the record in this case in accordance with Ark. R.
App. P. Civ. 6(d), made applicable in criminal cases pursuant to
Ark. R. App. P. Crim. 5(a).  See West v. State, 322 Ark. 114, 907 S.W.2d 133 (1995) (per curiam).  The record must be settled and
returned within thirty days from the date of this opinion.