Kenneth Hinton v. State of Arkansas

2020 Ark. 229

Opinion

Cite as 2020 Ark. 229 SUPREME COURT OF ARKANSAS No. CR-18-962

KENNETH HINTON Opinion Delivered: June 4, 2020 PETITIONER

V. PRO SE MOTION FOR COPY OF PETITIONER’S BRIEF AND RECORD STATE OF ARKANSAS ON APPEAL LINCOLN COUNTY RESPONDENT CIRCUIT COURT [NO. 40CR-13-13]

MOTION MOOT.

SHAWN A. WOMACK, Associate Justice

Petitioner Kenneth Hinton was denied postconviction relief in the trial court where

he was convicted of one count of first-degree battery and one count of second-degree

battery, and this court affirmed. Hinton v. State, 2019 Ark. 136, 572 S.W.3d 381. Hinton

has filed a pro se motion in this court in which he seeks copies of the appellant’s brief, the

State’s response, and the record from his counsel, William P. Luppen, regarding the above-

referenced appeal. This court directed Luppen to file a response as required by Rule 19 of

the Arkansas Rules of Appellate Procedure–Criminal (2019). Hinton v. State, 2020 Ark. 9.

Because the requirements of Rule 19 have been satisfied, Hinton’s motion is rendered

moot.

Pursuant to the requirements of Arkansas Rule of Appellate Procedure–Criminal

19, Hinton contends in his motion that he requested the documents from Luppen and

that Luppen declined to provide him those copies. Ark. R. App. P.–Crim. 19(a) (requiring a convicted offender who seeks a copy of the briefs and record on appeal at public expense

to file a motion with this court indicating a request for the documents was made to counsel

and counsel did not provide the documents). A copy of the motion was served on Luppen,

and he has responded, stating that he provided paper copies of Hinton’s appellate brief

and the State’s responsive brief, which he mailed by certified mail. Luppen further stated

that he is prepared to provide a paper copy of the seven-volume record. See Ark. R. App.

P.–Crim. 19(b) (requiring that counsel shall file a response committing to provide the

requested documents or provide good cause why counsel will not provide the documents).

Counsel is to provide Hinton the paper copy of the record within thirty days of this

opinion. Because Hinton has received the remedy sought pursuant to Rule 19, his motion

is rendered moot.

Motion moot.