Shelton v. State
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SUPREME COURT OF ARKANSAS
No. CR 08-1035
GLEN HOMER SHELTON
Opinion Delivered March 20, 2009
APPELLANT,
VS.
STATE OF ARKANSAS
APPELLEE,
REBRIEFING ORDERED.
PER CURIAM
Appellant Glen Homer Shelton appeals the Jefferson County Circuit Court’s order
denying his plea of prior jeopardy. Because his brief fails to comply with our rules, we order
rebriefing.
The procedure to be followed when an appellant has submitted an insufficient abstract
or addendum is set forth in Arkansas Supreme Court Rule 4-2(b)(3):
Whether or not the appellee has called attention to deficiencies in the
appellant's abstract or Addendum, the Court may address the question at any
time. If the Court finds the abstract or Addendum to be deficient such that the
Court cannot reach the merits of the case, or such as to cause an unreasonable
or unjust delay in the disposition of the appeal, the Court will notify the
appellant that he or she will be afforded an opportunity to cure any deficiencies,
and has fifteen days within which to file a substituted abstract, Addendum, and
brief, at his or her own expense, to conform to Rule 4-2(a)(5) and (8). Mere
modifications of the original brief by the appellant, as by interlineation, will not
be accepted by the Clerk. Upon the filing of such a substituted brief by the
appellant, the appellee will be afforded an opportunity to revise or supplement
the brief, at the expense of the appellant or the appellant's counsel, as the Court
may direct. If after the opportunity to cure the deficiencies, the appellant fails
to file a complying abstract, Addendum and brief within the prescribed time,
the judgment or decree may be affirmed for noncompliance with the Rule.
Ark. Sup.Ct. R. 4-2(b)(3).
In the present case, Shelton has failed to abstract the May 8, 2008 hearing regarding
his plea of prior jeopardy. He has also failed to include the State’s response to his plea of prior
jeopardy in the addendum.
Because Shelton has failed to comply with our rules, we order him to file a substituted
abstract, addendum, and brief within fifteen days from the date of entry of this order. If
Shelton fails to do so within the prescribed time, the order appealed from may be affirmed for
noncompliance with Rule 4-2. After service of the substituted abstract, addendum, and brief,
the State shall have an opportunity to revise or supplement its brief in the time prescribed by
the clerk.
Rebriefing ordered.
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