Campbell v. State , 2013 Ark. App. 756 ( 2013 )

Cite as 2013 Ark. App. 756
ARKANSAS COURT OF APPEALS
DIVISION I
No.CR-12-782
TYRONE JAMES CAMPBELL Opinion Delivered December 18, 2013
APPELLANT APPEAL FROM THE SEBASTIAN
COUNTY CIRCUIT COURT,
V. FORT SMITH DISTRICT
[NO. CR-2011-685]
STATE OF ARKANSAS HONORABLE J. MICHAEL
FITZHUGH, JUDGE
APPELLEE REBRIEFING ORDERED
PHILLIP T. WHITEAKER, Judge
Tyrone James Campbell appeals from his Sebastian County first-degree terroristic-
threatening conviction, alleging numerous errors were committed at trial and during jury
deliberations. We do not reach the merits of Campbell’s arguments, however, because we
must order rebriefing to correct abstracting deficiencies. See Robison v. State, 2013 Ark. App.
262.
In his abstract of trial testimony, Campbell has included a significant amount of
testimony in question-and-answer format, rather than a condensed summary of such
testimony as is required by our rules. Arkansas Supreme Court Rule 4-2(a)(5)(B) clearly
states that “[t]he question-and-answer format shall not be used.” Campbell’s abstract violates
this provision.
Campbell has fifteen days from the date of this opinion to file a substituted brief that
Cite as 2013 Ark. App. 756
complies with the rules. See Ark. Sup. Ct. R. 4-2(b)(3). We strongly encourage Campbell’s
counsel to review the rules and to ensure that no other deficiencies are present prior to filing
the substituted brief. Failure to timely correct the deficiencies in the appellant’s brief may
result in the judgment of the circuit court being affirmed for noncompliance with the rule.
See Ark. Sup. Ct. R. 4-2(c)(2). After service of appellant’s substituted brief, appellee shall
have the opportunity to revise or supplement its brief in the time prescribed by the clerk, or
to rely on the brief that it previously filed in this appeal.
Rebriefing ordered.
GLADWIN , C.J., and PITTMAN , J., agree.
Mosemarie Dora Boyd, for appellant.
Dustin McDaniel, Att’y Gen., by: Laura Shue, Ass’t Att’y Gen., for appellee.
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