Rhodes v. State

2017 Ark. 289

• Court: Supreme Court of Arkansas
• Decided: October 27, 2017
• Docket: CR-07-328
• Status: Published

Opinion

Cite as 2017 Ark. 289

SUPREME COURT OF ARKANSAS No. CR-07-328

TILTON RHODES Opinion Delivered OCTOBER 26, PETITIONER 2017

V. PRO SE MOTION FOR TRANSCRIPT [DREW COUNTY STATE OF ARKANSAS CIRCUIT COURT, NO. 22CR-05- RESPONDENT 185]

RESPONSE ORDERED.

JOSEPHINE LINKER HART, Associate Justice

Following his 2006 conviction on charges of rape and sexual assault, petitioner Tilton

Rhodes, who was represented by counsel, appealed the judgment, and the Arkansas Court

of Appeals affirmed. Rhodes v. State, 102 Ark. App. 73, 281 S.W.3d 758 (2008). Rhodes

filed a motion in this court in which he asserts that he is indigent and seeks a copy of the

transcript lodged on direct appeal in that case. Rhodes’s attorney, William Howard, has

failed to file a response to the motion, which we require before we reach the merits of

Rhodes’s motion. Howard is accordingly directed to file a response in accord and with

Arkansas Rule of Appellate Procedure–Criminal 19 (2016), as indicated below, within ten

days of this opinion.

Howard must respond even if he believes the motion has no merit; and Rule 19

makes counsel’s response mandatory. Ark. R. App. P.–Crim. 19(b); Geatches v. State, 2016

Ark. 452, at 4, 505 S.W.3d 691, 693. Howard’s response must state (1) whether he has the

requested copy in his possession; (2) whether, if so, the copy is paper or some other format; Cite as 2017 Ark. 289

(3) whether the copy was provided to his client. See Ark. R. App. P.–Crim. 19(b). If

Howard’s response indicates that he has a copy in his possession, but he has not provided it

to his client, then the response must also either commit to provide the requested documents

or provide good cause for the failure to do so. See Ark. R. App. P.–Crim. 19. After we

have received Howard’s response, we will address Rhodes’s request that he be provided a

copy of the transcript at State expense.