Richmond v. State

Supreme Court of Arkansas
Richmond v. State, 265 Ark. 67 (Ark. 1979)
593 S.W.2d 434; 1979 Ark. LEXIS 1303
Fogleman, Hickman, That

Richmond v. State

Opinion of the Court

Per Curiam.

Motion for Rule on Clerk to lodge transcript is granted.

Concurring Opinion

John A. Fogleman, Justice,

concurring. I vote to grant this motion only because petitioner has been sentenced to two sentences for life imprisonment and for a term of 20 years, all to run consecutively.

I am authorized to state that the Chief Justice joins in this opinion.

Dissenting Opinion

Darrell Hickman, Justice,

dissenting. Consistent with the position that I took in Harkness v. State, 264 Ark. 561, 572 S.W. 2d 835 and McCree v. State, 265 Ark. 46, — S.W. 2d —. I dissent to granting the rule on the clerk in this case.

There was no good cause shown for the record being tendered to our clerk three months late.

The young attorney for Willie Richmond stated that this was his first appeal and that he did not know he had only ninety days to lodge the record; he thought that he had seven months. It is my opinion this was not for good cause. We should not presume incompetence of counsel without a hearing of some sort and I would deny the motion and let the matter take its natural course.

Reference

Full Case Name
Willie RICHMOND v. STATE of Arkansas
Cited By
3 cases
Status
Published