Linda Street v. State of Arkansas

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Linda STREET v. STATE of Arkansas

CR 97-1                                                  ___ S.W.2d ___

                       Supreme Court of Arkansas
                  Opinion delivered January 16, 1998


Contempt -- bench warrant issued. -- Where counsel for appellant failed
to appear before the supreme court for a show-cause hearing as
directed by per curiam order, the court ordered the State Police to
take immediate custody of counsel and to deliver him a detention
facility to be held until such time as his appearance could be
scheduled before the court.


     Bench Warrant issued.

     Per Curiam.
     The procedural background in this matter is set forth in our
per curiam opinion delivered on December 18, 1997.  Street v.
State, 330 Ark. 853,     S.W.2d     (1997).  Attorney A. Wayne
Davis, counsel for appellant Linda Street, was cited to appear
before this court on January 15, 1998, at 9:00 a.m. to show cause
why he should not be held in contempt of this court for his failure
to perfect appellant Street's appeal in a timely manner.  Id.
Although John Wesley Hall, Jr., appeared on January 15, 1998, in
his capacity as counsel for Mr. Davis, Mr. Davis did not appear on
January 15, 1998.
     At approximately 7:30 a.m. on January 15, 1998, Mr. Davis
tendered to this court by facsimile the following pleadings:  Entry
of Not Guilty Plea, Motion for Continuance, and Motion for
Reconsideration, for Rule on the Clerk and for Reinstatement of
Appeal.  All of these pleadings were tendered pro se, and none of
the averments in the pleadings were made under oath. 
     Mr. Hall stated to this court that he knew nothing about the
pleadings tendered by Mr. Davis, pro se, on January 15, 1998, at 
7:30 a.m.  In fact, Mr. Hall stated that, notwithstanding several
recent attempts to contact Mr. Davis, he had not been able to talk
to him before the show cause hearing on January 15, 1998.
     Because Mr. Davis failed to appear before this court on
January 15, 1998, as ordered by per curiam order on December 18,
1997, we hereby order the State Police to take immediate custody of
Mr. Davis and deliver him forthwith to the Pulaski County Detention
Facility, where he shall be held until such time as his appearance
can be scheduled before this court.