Calvin Thornton v. State of Arkansas

2020 Ark. 6

• Court: Supreme Court of Arkansas
• Decided: January 9, 2020
• Status: Published

Opinion

Cite as 2020 Ark. 6 Digitally signed by Susan Williams Reason: I attest to the accuracy SUPREME COURT OF ARKANSAS and integrity of this document No. CR-17-537 Date: 2023.07.14 14:34:23 -05'00'

CALVIN THORNTON Opinion Delivered: January 9, 2020 PETITIONER PRO SE MOTION REQUESTING V. PAPER COPY OF TRIAL TRANSCRIPT [PULASKI COUNTY STATE OF ARKANSAS CIRCUIT COURT, SEVENTH RESPONDENT DIVISION, NO. 60CR-15-2832]

RESPONSE REQUESTED.

ROBIN F. WYNNE, Associate Justice

Petitioner Calvin Thornton has filed a pro se motion requesting a paper copy of his

trial transcript pursuant to Rule 19(b) of the Arkansas Rules of Appellate Procedure–

Criminal (2018). Thornton’s motion, which was filed in this court on July 3, 2019, included

a certificate of service to his attorney, Willard Proctor, Jr., at an address in Little Rock and

was dated June 6, 2019.

In his motion, Thornton alleges that he has written and requested copies of the

transcript from Proctor on several occasions to no avail. This court has made clear that under

Rule 19(b), the attorney who has been served with a copy of the motion is required to

respond. Having been properly served with the motion, Proctor must respond, even if he

believes the motion has no merit, as Rule 19 makes counsel’s response mandatory. Green v.

State, 2017 Ark. 243, at 1–2 (citing Geatches v. State, 2016 Ark. 452, 505 S.W.3d 691).

Accordingly, Proctor is directed to file the response required by Rule 19 stating (1) whether

he has the requested copy in his possession; (2) if so, whether the copy is on paper or in some other format; (3) if he has a copy, whether that copy has been provided to Thornton.

See Ark. R. App. P.–Crim. 19(b).