Robert Caple v. State of Arkansas

Robert CAPLE v. STATE of Arkansas

CR 96-799                                          ___ S.W.2d ___

                    Supreme Court of Arkansas
          Dissenting opinion delivered October 21, 1996


     Tom Glaze, Justice.
     Appellant Robert Caple's conviction judgment was entered on
May 18, 1995, and his notice of appeal was filed on June 16, 1995. 
It is now 17 months later, and Caple's attorneys have not filed a
transcript with this court so a briefing schedule can be set.  Our
court has taken no action to have Caple's attorneys explain why a
record has not been lodged with the supreme court clerk's office.
     This court only became apprised of why this extreme delay
occurred when the trial court's court reporter informed the
Attorney General's office that she had not been formally requested
by Caple's attorney to prepare the transcript.  On its own
volition, the Attorney General has filed a motion requesting
additional time for the court reporter to prepare the transcipt for
filing.
     While the Attorney General's offer to assure Caple's
transcript is filed in this court is a magnanimous one, it is the
responsibility of Caple's attorneys, not the state, to perfect this
appeal.  Accordingly, this court should issue an order to request
Caple's attorneys to show cause why no transcript has been filed.
     Dudley and Brown, JJ., join this dissent.