Fowler v. State , 2014 Ark. 2 ( 2014 )

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SUPREME COURT OF ARKANSAS
No. CR-13-316
ANTWAN LEVAN FOWLER Opinion Delivered January 9, 2014
APPELLANT
MOTION TO COMPLETE RECORD,
V. ORDER COURT REPORTER TO
FILE THE TRANSCRIPT, AND
HOLD BRIEFING SCHEDULE IN
STATE OF ARKANSAS ABEYANCE UNTIL THE
APPELLEE TRANSCRIPT IS FILED
MOTION MOOT; SPECIAL MASTER
APPOINTED.
PER CURIAM
Appellant Antwan Levan Fowler filed a petition for writ of certiorari to complete the
record on April 10, 2013. This court granted the petition on May 2, 2013, and the writ of
certiorari was issued to the Faulkner County Circuit Clerk and to the court reporter, Deborah
Whillock, returnable within thirty days. On June 3, 2013, appellant filed a motion to reverse
and dismiss, or in the alternative, a motion for extension of time to lodge a supplemental
record. Appellant asserted that the court reporter would not be able to complete the transcript
within the time allotted and had failed to give a reason why she could not comply with the
court’s order. On July 25, 2013, this court denied the motion to reverse and dismiss; granted
the motion for extension of time to supplement the record; ordered a sixty-day final extension
of time to file the supplemental record; and transferred the case to the court of appeals.
The docket reflects that on September 23, 2013, the writ was returned, and a
supplemental record was lodged. On September 25, 2013, appellant filed a motion to reverse
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and dismiss asserting that the court reporter had failed to include the transcript in the record
that was lodged on September 23. The court of appeals denied the motion to reverse and
dismiss on October 23, 2013. Appellant filed a motion for the court to reconsider, which was
also denied. Thereafter, on November 14, 2013, appellant filed a motion to complete record,
order court reporter to file the transcript, and to hold the briefing schedule in abeyance until
the transcript is filed.
On December 11, 2013, the court of appeals ordered Whillock to appear and show
cause why she should not be held in contempt for failure to provide a verbatim transcript of
the trial. On December 16, 2013, Whillock tendered a seven-volume supplemental record
with the appellate court. The supplemental record was lodged on December 17, 2013, and
briefing was commenced. On December 18, 2013, Whillock appeared before the court of
appeals and entered a plea of not guilty. She was advised that a special master would be
appointed to make findings of fact concerning this matter. Pursuant to Arkansas Supreme
Court Rule 1-2(d) (2013), this court assumed jurisdiction of the case on December 19, 2013.
We hereby appoint the Honorable John B. Robbins as special master to conduct a
hearing into this matter, to make findings of fact, and to file his findings with this court’s
clerk. Upon receipt of the master’s findings, we will render a decision in this matter.
Because the court reporter has now supplemented the record in this matter with the
transcript, appellant’s motion to complete record, order court reporter to file the transcript,
and to hold the briefing schedule in abeyance until the transcript is filed is rendered moot. In
order to avoid further delay in the adjudication of the merits of appellant’s appeal, briefing
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should proceed as originally scheduled.
Motion to complete record, order court reporter to file the transcript, and to hold the
briefing schedule in abeyance until the transcript is filed moot; special master appointed.
Teresa Bloodman, for appellant.
Dustin McDaniel, Att’y Gen., by: David R. Raupp, Sr. Ass’t Att’y Gen., for appellee.
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