State v. Parkman

STATE of Arkansas v. John Paul PARKMAN

CR 96-41                                           ___ S.W.2d ___

                    Supreme Court of Arkansas
                 Opinion delivered June 3, 1996


Appeal & error -- motion for extension of brief time granted. --
     Where the State, having earlier received a seven-day clerk's
     extension for filing its brief and five extensions from the
     supreme court, had requested three extensions since the final
     extension was granted, it was clear to the supreme court that
     the State had not acted responsibly or with diligence in the
     matter; the supreme court granted the motion for an extension,
     noting that if the State's brief was not filed by May 31,
     1996, the State's appeal would be dismissed; the supreme court
     declared that, henceforth, it would not entertain appeals by
     the State when the State's brief is not filed in accordance
     with the specified deadline in the final extension granted by
     the court.


     Motion for Extension of Brief Time; granted.
     Winston Bryant, Att'y Gen., by:  Clint Miller, Deputy Att'y
Gen. and Senior Appellate Advocate, for appellee.
     No response.

     Per Curiam.Per Curiam.
June 3, 1996   *ADVREP*SC12*






STATE OF ARKANSAS,
                    APPELLANT,

V.

JOHN PAUL PARKMAN,
                     APPELLEE,

CR 96-41




MOTION FOR EXTENSION OF BRIEF
TIME






GRANTED.






     This is an appeal by the State in a criminal matter.  The
transcript was filed by the State on January 10, 1996, and the
appellant's brief was due forty days from that date.  Ark. Sup. Ct.
R. 4-3(b).  The State first received a seven-day Clerk's extension
on February 20, 1996.  Thereafter, this court granted extensions of
time for filing the State's brief (1) on February 26, 1996; (2) on
March 14, 1996; (3) on March 28, 1996; (4) on April 11, 1996; and
(5) on April 25, 1996.  On April 25, 1996, we noted that this was
the final extension and that the extended date for filing was May
8, 1996.  No brief was filed by the State on that date.
     On May 8, 1996, the State moved for eight additional days in
which to file its brief, which would extend the deadline to May 16,
1996.  No extension was granted by this court, and no brief was
filed by that date.
     On May 16, 1996, the State moved for an extension of time to
file its brief to May 23, 1996.  In that motion, the State observed
that appellee Parkman is not incarcerated in Arkansas but is
incarcerated in Texas as a suspected serial rapist.  The State also
mentioned that its basis for appeal was an improvident dismissal of
an Arkansas rape charge for violation of the speedy trial rules. 
Parkman's counsel had no objection to the extension.  No extension
was granted by this court, and no brief was filed by May 23, 1996. 
On May 23, 1996, the State filed an identical motion for extension
of time in which to file its brief to May 31, 1996.
     In sum, nine extensions have been requested by the State. 
Three extensions have been requested since the final extension
granted by this court on April 25, 1996, and no approval of those
later extensions has been forthcoming from this court.
     It is clear to this court that the State has not acted
responsibly or with diligence in this matter.  The specific Deputy
Attorney General involved states that he is inundated with work,
but even so, there should be others in the Criminal Appeals
Division of the office available to take up the slack for him.  We,
therefore, conclude that if the State's brief in this matter is not
filed by May 31, 1996, the State's appeal will be dismissed. 
Henceforth, we will not entertain appeals by the State when the
State's brief is not filed in accordance with the specified
deadline in the final extension granted by this court.
     Dudley, J., not participating.