Flowers v. State

2013 Ark. 401

• Court: Supreme Court of Arkansas
• Decided: October 10, 2013
• Docket: CR-13-496
• Status: Published

Opinion

Cite as 2013 Ark. 401

SUPREME COURT OF ARKANSAS No. CR-13-496

JAMES FLOWERS Opinion Delivered OCTOBER 10, 2013

APPELLANT MOTION TO DISMISS APPEAL V.

STATE OF ARKANSAS GRANTED. APPELLEE

PER CURIAM

James Flowers appealed his convictions for capital murder and aggravated robbery, for

which he was sentenced concurrently to life without parole and 480 months’ imprisonment.

This court affirmed. Flowers v. State, 373 Ark. 119, 282 S.W.3d 790 (2008). Flowers

subsequently filed a petition for postconviction relief in the trial court pursuant to Rule 37

of the Arkansas Rules of Criminal Procedure. The trial court held a hearing and then denied

the petition by order entered April 29, 2013. Counsel for Flowers, Mr. James P. Clouette,

filed a notice of appeal and then, on June 6, 2013, lodged the record on appeal with this

court. A brief was due to be filed on Flowers’s behalf on July 16, 2013. No brief has been

filed, nor has any request for extension of time been filed.

The State has now moved for dismissal of Flowers’s appeal from his postconviction

proceedings due to the failure to file a brief. No response to the State’s motion has been filed.

The State’s motion to dismiss the appeal is therefore granted. Cite as 2013 Ark. 401

There is no explanation on the record before us for counsel’s failure to file a brief and

abandonment of this appeal after having lodged the record in this court. We therefore

forward a copy of this opinion to this court’s Committee on Professional Conduct.