Terrell Demond Baker v. State of Arkansas

Terrell Demond BAKER v. STATE of Arkansas

CR 96-502                                          ___ S.W.2d ___

                    Supreme Court of Arkansas
               Opinion delivered November 11, 1996


Appeal & error -- motion to file belated brief granted. -- Because
     it appeared that certain correspondence from the appellate
     court to appellant's attorney may have gone to an old address,
     the supreme court granted appellant's motion to file a belated
     brief; however, the rules clearly state that an appellant's
     brief is due forty days after filing the record; where counsel
     made no inquiries concerning the case for more than five
     months after the record was filed, the supreme court forwarded
     a copy of its opinion to the Committee on Professional
     Conduct.


     Motion to File Belated Brief; granted.
     Tell Hulett, for appellant.
     No response.

     Per Curiam.    
     Appellant, through his attorney, Tell Hulett, has filed a
motion to file a belated brief.  The record in this case was lodged
on April 29, 1996, making the appellant's brief due forty days
thereafter.  See Ark. R. Sup. Ct. 4-4(a).  Counsel states that he
never received any correspondence from our clerk's office regarding
a briefing schedule.  On September 12, 1996, the Clerk of the Court
sent a letter to attorney Hulett inquiring about the status of the
case.  The letter was returned on October 2, 1996, with the
notation that it had been sent to the wrong address.  Counsel says
he learned for the first time on October 7, 1996, that the deadline
for filing the appellant's brief was June 8, 1996.  This motion was
filed eight days later. 
     Since it appears that certain correspondence from the court to
attorney Hulett may have gone to an old address, we will grant the
motion.  However, the rules clearly state that an appellant's brief
is due forty days after filing the record.  Counsel made no
inquiries concerning the case for over five months after the record
was filed.  For that reason, a copy of this opinion will be
forwarded to the Committee on Professional Conduct.