IN RE ARK. SUP. CT. COMM. ON CRIM. PRACTICE-ARK. R. CRIM. P. 33.6; ARK. SUP. CT. R. 3-4; AND ARK. R. APP. P. -CRIM. 2 (Per Curiam)
Annotate this Case
Download PDF
Cite as 2018 Ark. 300 SUPREME COURT OF ARKANSAS opinion Delivered October 18, 2018 IN RE ARKANSAS SUPR.EME COURT COMMITTEE ON CI\IMINAL PI\ACTICE; ARK. R. Cl\lM. P.33.6; ARK' SUP. CT. R. AND ARK. I\. APP. P. -CRIM. 2 PER CURIAM The court published lor comment recommendations of the Arkansas Suprenle Court Conrnrittee on Criminal Practice to amend Ark. R. Crim. P.33.6, Ark. Sup' Ct. and Ark. R. App. P.-Crin-r. 2. See In re R' 3-4' Arkansas Suprenre Court Committee on Criminal Practice; Ark, R. Crim, P, 33.6,2018 Ark. 240 (per curiam)' The court adoprs the amendments, eflective January 1, 201,9, and republishes the rules as set out below. Rule of Crirninal Procedure 33.6. Rule 33.6 Instructions and Verdict Forrns. (a) In the trial of all cases in courts of record wherein juries are employed, upon request of counsel lor any part), or of a juror, it shall be the dury of the presiding judge to deliver ro the jury inrnrediately prior to its retirement for deliberation, a written copy of the oral insrructions read ro the jury. The written jury instructions shall be returned ro rhe court by the forenran of the jury when the jury is dismissed. (b) The vcrdict lorms and written jury instructions shall be filed in the clerk's file at the conclusion of the jury's deliberations' case (c) Any proficred jury instructions, which were requested by parties and rejected by the court, shall be deliverecl to the collrt reporter and made an exhibit to the court reporter's trlttscri Pt. Reporter's Notes, 2019 Arnendrnent. Subdivisions (b) and (c) were added. Rules of the Suprerne Court and Court of Appeals Rule 3-4. Record in crirninal cases. (a) Order of record.ln all criminal cases, after the caption set forth in Rule 3-1, the record shall be organized in the following sequence: 1. Return of the indictment or information; 2. Defendant's pleadings; 3. Subsequent pleadings and orders in chronological order; 4, Final judgment and commitment or order appealed; 5. Verdict forms and written jury instructions; 6. Motion for new trial, to set aside, amend, etc.; 7. Order granting or denying above motions; 8. Notice of appeal and designation of record; 9. Extensions of time to file record on appeal; 10. Reporters' transcription of testimony; 11. Appeal bond; 12. Certificate, duly acknowledged. (b) Record of jury mdtters. (1) The record shall not include the impaneling or jury, the names oflthe jurors, or any motion, afEdavit, order, or ruling swearing of the in relerence thereto unless expressly called for by a party's designation of the record. (2) Vcrdict forms, written jury instructions, and proffcred jury instnrctions shall be inserted in the record when expressly identified by a parry's designation of the record. (c) Exhibits. Photographs, charts, drawings and other docunrents that can be inserted into thc record shall be included. Docunrents of unusual bulk or weight shall not be transnritted by the clerk of the circuit court unless the clerk is directed to do so by a parry or by the Clerk of the Court. Physical evidence, other than documents, shall not be transnritted unless directed by an order of the Court. Reporter's Notes, 2079 Arnendrnent. Subdivision (b)(2) was added to provide for vcrdrct forms, written jury instructions, and proflered jury insrructions to be insertec-l in the rccord. 2 Arkansas Rules of Appellate Procedure Rule 2. Tirne and rnethod of taking appeal. - Crirninal (e) Failure to pursue appeal. Failure of the appellant to take any further steps to secure the review of the appealed conviction shall not affect the validiry of the appeal but shall be grounds only for such :rction as the Supreme Court deems appropnate, which may include drsrnissal of the appeal. The Supreme Court may act upon and decide a case in which the notice of appc'al was not given or the transcript of the trial record was not filed in the time prescribed, when a good reason for the omission is shown by afiidavit. However, no motion lor belated appeal shall be entertained by the Supreme Court unless application has been made to the Supreme Court within eighteen (18) months of the date of entry ofjudgment or entry of the order denying postconviction relief from which the appeal is taken. if no judgment of conviction was entered of record within ten (10) days of the date sentence was pronounced, apphcation for belated appeal must be rnade within cighteen (18) months of the date sentence was pronounced. The court nray equirably toll this 18-month deadline if the defendant has pursued his or her rights diligently and some extraordinary circumstance stood in his or her way. Reporter's Notes, 2019 Arnendrnent. The last sentence in subdivision (e) is new, drawing the standard from Holland u. Florida,560 U.S. 631,,649 (2010) (A "petitioner is entitled to equitable tolling only if he shows (1) that he has been pursuing his rights diligently, and (2) that some extraordinary circumstances stood in his way and prevented timely 6ling.") (internal quotations and citations omitted). J
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
