Moses v. State

Supreme Court of Arkansas

Moses v. State

938 S.W.2d 233, 327 Ark. 420, 1997 Ark. LEXIS 93

CourtSupreme Court of Arkansas

DecidedFebruary 24, 1997

DocketCR 96-680

StatusPublished

This text of 938 S.W.2d 233 (Moses v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Moses v. State, 938 S.W.2d 233, 327 Ark. 420, 1997 Ark. LEXIS 93 (Ark. 1997).

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Opinion

Per Curiam.

Timothy Moses has filed a motion for a belated appeal from his convictions of theft and burglary. As the notice of appeal and designation of the record were apparently timely, but his attempt to docket the record was not, we will treat the motion as one for rule on the clerk.

Counsel for Mr. Moses attributes failure to file the record on time to Mr. Moses’s inability to pay for the transcript and accepts no responsibility for the belated tender of the record. If counsel files a motion for rule on the clerk within thirty days from the date of this order, accepting full responsibility for the delay in tendering the transcript, the motion will be granted and a copy of the opinion will be forwarded to the Committee on Professional Conduct. Reyes v. State, 326 Ark. 913, 934 S.W.2d 526 (1996).

Counsel, apparently unaware of Ark. R. Crim. P. 4-30(1), has also moved to withdraw from the appeal, stating he “is unsure how to proceed when there is a transcript with no apparent issues for appeal and his client refuses to contact him.” Counsel’s motion to withdraw is denied.

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Per Curiam.

Timothy Moses has filed a motion for a belated appeal from his convictions of theft and burglary. As the notice of appeal and designation of the record were apparently timely, but his attempt to docket the record was not, we will treat the motion as one for rule on the clerk.

Counsel for Mr. Moses attributes failure to file the record on time to Mr. Moses’s inability to pay for the transcript and accepts no responsibility for the belated tender of the record. If counsel files a motion for rule on the clerk within thirty days from the date of this order, accepting full responsibility for the delay in tendering the transcript, the motion will be granted and a copy of the opinion will be forwarded to the Committee on Professional Conduct. Reyes v. State, 326 Ark. 913, 934 S.W.2d 526 (1996).

Counsel, apparently unaware of Ark. R. Crim. P. 4-30(1), has also moved to withdraw from the appeal, stating he “is unsure how to proceed when there is a transcript with no apparent issues for appeal and his client refuses to contact him.” Counsel’s motion to withdraw is denied.

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Bluebook (online)

938 S.W.2d 233, 327 Ark. 420, 1997 Ark. LEXIS 93, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moses-v-state-ark-1997.

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