Flowers v. State , 2013 Ark. 401 ( 2013 )

Cite as 2013 Ark. 401SUPREME COURT OF ARKANSAS
No. CR-13-496
JAMES FLOWERS Opinion Delivered OCTOBER 10, 2013
APPELLANT MOTION TO DISMISS APPEAL
V.
STATE OF ARKANSAS GRANTED.
APPELLEE
PER CURIAM
James Flowers appealed his convictions for capital murder and aggravated robbery, for
which he was sentenced concurrently to life without parole and 480 months’ imprisonment.
This court affirmed. Flowers v. State, 373 Ark. 119, 282 S.W.3d 790 (2008). Flowers
subsequently filed a petition for postconviction relief in the trial court pursuant to Rule 37
of the Arkansas Rules of Criminal Procedure. The trial court held a hearing and then denied
the petition by order entered April 29, 2013. Counsel for Flowers, Mr. James P. Clouette,
filed a notice of appeal and then, on June 6, 2013, lodged the record on appeal with this
court. A brief was due to be filed on Flowers’s behalf on July 16, 2013. No brief has been
filed, nor has any request for extension of time been filed.
The State has now moved for dismissal of Flowers’s appeal from his postconviction
proceedings due to the failure to file a brief. No response to the State’s motion has been filed.
The State’s motion to dismiss the appeal is therefore granted.
Cite as 2013 Ark. 401There is no explanation on the record before us for counsel’s failure to file a brief and
abandonment of this appeal after having lodged the record in this court. We therefore
forward a copy of this opinion to this court’s Committee on Professional Conduct.
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