Muldrew v. State

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.
     No response.

     Per Curiam. 
     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.