Johnny Morris Leeper v. State of Arkansas

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

DECEMBER 20, 2001

JOHNNY MORRIS LEEPER

APPELLANT

v.

STATE OF ARKANSAS

APPELLEE

CR 00-852

AN APPEAL FROM THE CIRCUIT COURT OF CLARK COUNTY,

NO. CR 99-221

HONORABLE JOHN THOMAS,

CIRCUIT JUDGE

DISMISSED

On May 10, 2000, Johnny Morris Leeper filed a notice of appeal from an order denying his petition for postconviction relief pursuant to Ark. R. Crim. P. 37. The record was lodged in this court on July 20, 2000. Subsequently, Mr. Leeper and the State filed their briefs. On November 6, 2000, Mr. Leeper submitted a pro se petition for writ of certiorari asking that a writ be issued to bring up the record of the pre-trial suppression hearing, the plea agreement, the plea proceeding, and any other record or document on which the court relied when it denied the petition for postconviction relief. We granted Mr. Leeper's request. Leeper v. State, CR 00-852 (Ark. March 8, 2001).

We also directed the clerk to provide Mr. Leeper with a copy of the original partial record and the material included in the writ so that Mr. Leeper could submit a substituted brief. The clerk was instructed to discard the brief already filed by Mr. Leeper. Mr. Leeper's substituted brief was due by May 30, 2001. On June 5, 2001, Mr. Leeper contacted the court to inform us that he wouldbe sending a motion to file a belated brief. To this date we have not received a brief in compliance with our opinion dated March 8, 2001. Because Mr. Leeper has failed to submit his brief, we dismiss.

Dismissed.

Imber, J., not participating.