Robert Woodward v. State of Arkansas

2021 Ark. 101

• Court: Supreme Court of Arkansas
• Decided: May 6, 2021
• Status: Published

Opinion

Digitally signed by Susan Williams Reason: I attest to the accuracy and integrity of Cite as 2021 Ark. 101 this document Date: SUPREME COURT OF ARKANSAS 2023.06.20 No. CR-19-421 14:41:41 -05'00' Opinion Delivered May 6, 2021 ROBERT WOODWARD APPELLANT PRO SE APPEAL FROM THE CHICOT COUNTY CIRCUIT COURT V. [NO. 09CR-17-77]

STATE OF ARKANSAS HONORABLE QUINCEY ROSS, APPELLEE JUDGE

REMANDED FOR FINDINGS OF FACT TO SETTLE AND SUPPLEMENT THE RECORD.

KAREN R. BAKER, Associate Justice

On February 25, 2019, the circuit court dismissed two pleadings filed in Robert

Woodward’s criminal case: (1) a motion to vacate an illegal sentence in which Woodward

challenged the judgment reflecting his escape conviction and (2) what appears to be a civil

complaint––in which Woodward named several individuals as defendants––seeking

injunctive relief and damages and contending that there is an ongoing violation of the

Interstate Agreement on Detainers. Woodward appears to appeal the order only as it pertains

to the dismissal of his motion to vacate an illegal sentence filed on February 1, 2019. The

matter was remanded to settle and supplement the record because we were unable to address

the merits. Woodward v. State, 2020 Ark. 307, 608 S.W.3d 580.

On remand, the circuit court was instructed to hold a hearing to settle the record

and “enter an order that provides findings” regarding (1) whether a motion to vacate was received prior to the motion to vacate filed on February 1, 2019; (2) what initiated the

State’s response to the motion to vacate filed on January 16, 2019, if such a response was

filed; (3) the delay in filing the associated “civil complaint” and whether it was accompanied

by any other pleading; and (4) when the February 1 motion to vacate was received prior to

its filing. Id. at 4, 608 S.W.3d at 582. Two separate volumes of a supplemental record were

lodged with this court’s clerk on December 3, 2020—one includes a hearing transcript from

February 4, 2019, and the other includes a hearing transcript from November 17, 2020.

However, no order with findings from the circuit court has been filed in this court and

made a part of the record on appeal.

If an appellate court remands a matter with specific instructions, those instructions

must be followed exactly to ensure that the lower court’s decision is in accord with that of

the appellate court. Whiteside v. State, 2019 Ark. 349, 588 S.W.3d 720. Because the matter

was remanded to the circuit court to make findings regarding the gaps and inconsistencies

in the record, which affects this court’s ability to determine whether it has authority over

this matter on appeal, it is incumbent on the circuit court to ensure that this court receives

the supplemental record as per its directives. The supplemental record, including any order

that provides findings by the circuit court, is to be returned within thirty days.

Remanded for findings of fact to settle and supplement the record.

WOMACK, J., dissents.

SHAWN A. WOMACK, Justice, dissenting. Once again, the majority needlessly

remands this case to settle and supplement the record to clarify the timing of Woodward’s

motion. As I previously explained, even if the motion was timely filed, the record before us

2 clearly shows that Woodward cannot prevail. See Woodward v. State, 2020 Ark. 307, at 6–8,

608 S.W.3d 580, 583–84 (Womack, J., dissenting). Rather than further prolong this futile

appeal, I would dismiss it at this time.

Robert Woodward, pro se appellant.

Leslie Rutledge, Att’y Gen., by: Christian Harris, Ass’t Att’y Gen., for appellee.