Ricardo McDaniel v. State of Arkansas

2020 Ark. 127

• Court: Supreme Court of Arkansas
• Decided: April 2, 2020
• Status: Published

Opinion

Digitally signed by Susan Williams Reason: I attest to the accuracy and integrity of Cite as 2020 Ark. 127 this document Date: SUPREME COURT OF ARKANSAS 2023.07.12 No. CR-17-1051 16:14:51 -05'00'

RICARDO MCDANIEL Opinion Delivered: April 2, 2020 PETITIONER

V. PRO SE MOTION REQUESTING COPY OF RECORD STATE OF ARKANSAS [ST. FRANCIS COUNTY CIRCUIT RESPONDENT COURT, NO. 62CR-14-572]

RESPONSE ORDERED.

RHONDA K. WOOD, Associate Justice

In 2017, Ricardo McDaniel was convicted of capital murder, two counts of battery

in the first degree, and aggravated residential burglary. McDaniel wishes to exercise his right

to pursue Rule 37 relief and has requested his trial record to form his argument. He alleges

that Lee Short, his trial counsel, has not provided a copy of the record. Because Short did

not file a response to McDaniel’s motion as required by Rule 19(b), we order a response.

McDaniel filed a pro se motion requesting a copy of his record pursuant to Rule 19(b)

of the Arkansas Rules of Appellate Procedure–Criminal (2019). McDaniel’s motion, filed

on December 30, 2019, included a certificate of service to his trial counsel, Lee Short.

McDaniel alleges that he requested his record from Short and that Short sent him a

letter stating that he mailed a disk to the Varner records office. McDaniel further contends

that the Varner records office informed him there was not a disk, or record, received by that

office. Short has not filed a response to McDaniel’s motion which, pursuant to Rule 19(b),

was due twenty days after the date of service. This court has made clear that under Rule 19(b), an attorney who is served with a

copy of a motion is required to respond; therefore, Short must respond even if he believes

the motion has no merit. Green v. State, 2017 Ark. 243, at 1–2 (citing Geatches v. State, 2016

Ark. 452, 505 S.W.3d 691). Accordingly, Short is directed to file a response as required by

Rule 19 stating (1) whether he has the requested copy in his possession; (2) if so, whether

the copy is on paper or in some other format; (3) if he has a copy, whether that copy has

been provided to McDaniel and attach and evidence of mailing if retained. See Ark. R. App.

P.–Crim. 19(b).