Jared Harper v. State of Arkansas

2019 Ark. App. 351

Opinion

Cite as 2019 Ark. App. 351 Digitally signed by Elizabeth Perry ARKANSAS COURT OF APPEALS Date: 2022.07.21 13:45:24 -05'00' No. CR-19-419 Adobe Acrobat version: 2022.001.20169 Opinion Delivered: August 28, 2019 JARED HARPER APPELLANT MOTION FOR ACCESS TO SEALED MATERIAL V. HONORABLE BRENT HALTOM, JUDGE STATE OF ARKANSAS APPELLEE MOTION GRANTED

Appellant Jared Harper appealed his convictions to our court, and on March 13,

2019, we affirmed two of the three points on appeal and remanded one issue to the circuit

court for further proceedings. See Harper v. State, 2019 Ark. App. 163, 573 S.W.3d 596.

Specifically, our court instructed the circuit court on remand to examine the prosecutor’s

notes to determine if the notes were “substantially verbatim” and whether they included

any evidence to which Harper was entitled.

After an in-camera review, the circuit court held that there is “no information that

probably would have changed the outcome of the trial.” However, the material itself

remains under seal, and on July 17, 2019, Harper filed a motion in our court for access to

sealed material. Harper argues that he cannot write an adequate brief without access to the

material. We accordingly grant Harper leave to review the portion of the record under seal

with direction to maintain the confidentiality of the documents pursuant to Arkansas

Supreme Court Administrative Order Number 19.

Motion granted.