Antonio AYERS v. STATE of Arkansas
CR 97-368 ___ S.W.2d ___
Supreme Court of Arkansas
Opinion delivered March 19, 1998
Appeal & error -- abstract of record deficient -- final extension
granted. -- Where the abstract of record was deficient and
counsel was instructed to comply with the requirements of Ark.
Sup. Ct. R. 4-3(h) by a certain date, and the deadline was not
met; and where a further extension was granted, and counsel
requested yet another extension, the supreme court granted the
extension and cautioned that it was a final extension.
R.S. McCullough, for appellant.
Antonio Ayers was convicted of capital murder and sentenced to
life imprisonment without parole. A notice of appeal was filed on
his behalf. He is represented by Attorney R.S. McCullough who
filed the appellate record with this Court on April 1, 1997. Mr.
McCullough, after receiving three extensions of the deadline for
filing his client's brief, filed a brief with this Court on
September 11, 1997. The abstract of the record was deficient, and
upon motion by the State, counsel was instructed to comply with the
requirements of Ark. Sup. Ct. R. 4-3(h). The deadline for
compliance was November 15, 1997. It was not met.
By letter of February 4, 1998, the Clerk of this Court
inquired of counsel as to the status of the appeal. Counsel
responded on February 17, 1998, with a motion for further extension
until March 6, 1998. On March 6, 1998, counsel sought an extension
to March 25, 1998, blaming the delay on a "young associate" who is
"no longer employed by this firm."
We grant the extension and caution that it is a final
extension. A copy of this order will be sent to the Committee on