Sherman Noble v. Larry Norris, Director, Arkansas Department of Correction

ARKANSAS SUPREME COURT

No. 04-524

NOT DESIGNATED FOR PUBLICATION

SHERMAN NOBLE

Appellant

v.

LARRY NORRIS, DIRECTOR, ARKANSAS DEPARTMENT OF CORRECTION

Appellee

Opinion Delivered December 15, 2005

PRO SE MOTION FOR ACCESS TO RECORD AND EXTENSION OF TIME TO FILE SUBSTITUTED BRIEF [CIRCUIT COURT OF JEFFERSON COUNTY, CV 2004-130-1, HON. BERLIN C. JONES, JUDGE]

MOTION MOOT IN PART AND GRANTED IN PART

PER CURIAM

Sherman Noble, who is serving a life sentence for capital murder, filed a petition seeking a writ of habeas corpus in the Circuit Court of Jefferson County. The petition was denied, and Noble has lodged an appeal in this court.

Appellant Noble submitted a brief that was not acceptable, and we ordered rebriefing. Noble v. Norris, 04-524 (Ark. Nov. 10, 2005) (per curiam). Now before us is appellant's motion for access to the record lodged in the instant appeal to prepare the substituted brief and an extension of time to file the brief.

After the motion was filed, appellant tendered the substituted brief with a letter stating that he had obtained the documents needed to complete it. As the substituted brief has been tendered, the request for access to the record to prepare the brief is moot. The request for extension of time to file the substituted brief is granted. Our clerk is directed to file the substituted brief as of the date of this opinion.

Motion moot in part and granted in part.