Supreme Court

Decision Information

Decision Content

WALKI:R. SIAIE 110 Cite as 360 Ark 220 (2004) [360 Calvin Lamont WALKER v. STATE ofArkansas CA CR 04-456 200 S:W3d 442 Supreme Court of Arkansas Opinion delivered December 16, 2004 CONTEMPT ORDER ISSUED Where appellant's counsel filed a timely notice of appeal from appellant's judgment of conviction, but he failed to file the record with the supreme court in order to perfect the appeal, and the appointed master concluded that no reasonable cause had been shown for counsel's failure to perfect appellant's appeal, counsel was held to be in contempt of court for failing to perfect the appeal on appellant's behalf, a fine of $250 00 plus the court reporter expenses incurred by the court as 3 result of the hearing before the Special Master was assessed, counsel was given thirty days from the date of this per cunam in which to pay the total sum owed Contempt order issued Darrell Brown, for R S McCullough.
WALKER V. STATE ARK ] Cite as 360 Ark, 220 12004) 221 No response: ER CURIAM. By per curtam opinion delivered May 20. p 2004, R.S. McCullough, counsel for appellant, Calvin Lamont Walker, was ordered to appear before this court on June 1 2004, to show cause why he should not be held in contempt for his failure to perfect this appeal. Walker v State, No CR 04-456 (May 20, 2004): Although Mr. McCullough filed a timely notice of appeal from Walker's conviction judgment, he failed to file the record with this court in order to perfect Walker's appeal Id Mr: McCullough appeared before this court on June 3, 2004, and entered a plea of not guilty to the contempt citation. We appointed a master, Hon. John E Jennings, to determine the facts in this case_ Walker v State, NO CR 04-456 (June 10, 2004). On November 30, 2004, Judge Jennings issued his Report of Special Master in which he found "no good reason for Mr. McCullough's failure to obtain a certified partial record nor his failure to pursue the application to have Mr: Walker declared indigent," He further found "no reason at all for Mr: McCullough's failure to respond to the efforts by the clerk to try to resolve the problem:" In sum, Judge Jennings concluded that no reasonable cause had been shown for Mr: McCullough's failure to perfect Walker's appeal. [1] Based on the foregoing, we hold that Mr McCullough is in contempt of court for failing to perfect this appeal on behalf of Calvin Lamont Walker: We assess a fine of $250 00 plus the court reporter expenses incurred by this court as a result of the hearing before the Special Master: The total amount assessed shall be paid within thirty days from the date of this per curtam A copy of this order will be forwarded to the Committee on Professional Conduct,
 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.