Green v. State

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Cite as 2011 Ark. 538 SUPREME COURT OF ARKANSAS No. CR10-369 CHARLES WAYNE GREEN APPELLANT Opinion Delivered December 15, 2011 APPEAL FROM THE RANDOLPH COUNTY CIRCUIT COURT, [NO. CR2004-23] V. STATE OF ARKANSAS APPELLEE HONORABLE HAROLD S. ERWIN, JUDGE SUPPLEMENTAL ADDENDUM ORDERED. PER CURIAM Following a jury trial, appellant Charles Wayne Green was convicted of four counts of rape and one count of terroristic threatening in the first degree. On appeal, he contends that the circuit court abused its discretion in denying his motion for continuance, erred in refusing to instruct the jury on lesser-included offenses, and erred in refusing to order his accuser s counselor to disclose the diagnosis of the accuser. We order Green to submit a supplemental addendum within seven calendar days to cure deficiencies in his addendum. Arkansas Supreme Court Rule 4 2(a)(8) requires that an appellant s brief include an addendum consisting of all documents essential to the appellate court s resolution of the issues on appeal. In cases where there was a jury trial, the jury s verdict forms shall be included. See Ark. Sup. Ct. R. 4 2(a)(8)(A)(i). Because Green is has not included the jury s verdict forms in his addendum, we direct him to correct this deficiency by filing a supplemental addendum Cite as 2011 Ark. 538 within seven calendar days from the date of this opinion. See Ark. Sup. Ct. R. 4 2(b)(4); In re 4 2(b) of the Rules of the Supreme Court, 2011 Ark. 141. We strongly encourage appellate counsel, prior to filing the supplemental addendum, to review our rules as well as the addendum to ensure that no additional deficiencies are present. 2

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