Wilbert MULDREW v. STATE of Arkansas
CR 97-561 ___ S.W.2d ___
Supreme Court of Arkansas
Opinion delivered November 13, 1997
Contempt -- show-cause order issued. -- The supreme court ordered
appellant's attorney, who had received two extensions and had
failed to file a motion for belated brief, to appear and show
cause why he should not be held in contempt for his failure to
file appellant's brief.
Order to Appear and Show Cause; issued.
David Mark Gunter, for appellant.
The appellant, Wilbert Muldrew, was convicted on January 28,
1997, in Hempstead County Circuit Court of three counts of delivery
of a controlled substance (cocaine) and was sentenced to 120 years'
imprisonment. His attorney, David Mark Gunter, filed a notice of
appeal on Muldrew's behalf on February 3, 1997. The transcript in
the case was filed on May 22, 1997. Mr. Gunter requested and
received two extensions to file Muldrew's brief, which was due on
September 26, 1997. When the brief had not been filed, the Clerk
of the Court wrote to Mr. Gunter inquiring about the status of the
case. On October 13, 1997, Mr. Gunter telephoned the Clerk and
indicated that he would file a motion for belated brief within ten
days. As of this date, no motion has been filed.
In light of the above circumstances, we hereby order David
Mark Gunter to appear before this court on December 4, 1997, at
9:00 a.m. to show cause why he should not be held in contempt for
his failure to file Muldrew's brief.