{
  "id": 1886865,
  "name": "Elizabeth Gammon BROWN v. STATE of Arkansas",
  "name_abbreviation": "Brown v. State",
  "decision_date": "1989-10-16",
  "docket_number": "RC 89-47",
  "first_page": "201",
  "last_page": "202",
  "citations": [
    {
      "type": "official",
      "cite": "300 Ark. 201"
    },
    {
      "type": "parallel",
      "cite": "777 S.W.2d 585"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "295 Ark. 165",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1893714
      ],
      "weight": 2,
      "year": 1988,
      "opinion_index": 0,
      "case_paths": [
        "/ark/295/0165-01"
      ]
    }
  ],
  "analysis": {
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    "char_count": 2076,
    "ocr_confidence": 0.91,
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    "sha256": "36a4bc85f97890dbf3b713279675866c8960f38be528975f3c63fde6086b30dc",
    "simhash": "1:9caf07255fd71ba0",
    "word_count": 358
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  "last_updated": "2023-07-14T15:14:13.062447+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Elizabeth Gammon BROWN v. STATE of Arkansas"
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nWilliam Lee Fergus, Elizabeth Gammon Brown\u2019s attorney, has filed a motion on behalf of Brown for rule on clerk. For the reasons stated below, we remand to the trial court for further proceedings.\nAn order for judgment and commitment was entered in Mississippi County Circuit Court against the appellant, Elizabeth Gammon Brown, on April 17, 1989. Notice of appeal was filed on April 25,1989, and an order extending the time to file the record until September 1, 1989, was entered on June 26, 1989. The record was received by the clerk of this court on September 5, 1989, and the clerk refused to docket the appeal because the record was not timely filed pursuant to Ark. R. App. P. 5.\nArk. R. App. P. 5 provides that the record on appeal shall be filed with the clerk of this court within ninety days of the notice of appeal unless the trial court grants an extension. It is the responsibility of the attorney to transmit the record on appeal to the clerk of this court for filing and docketing. Lewis v. State, 295 Ark. 165, 747 S.W.2d 91 (1988).\nIn support of Brown\u2019s motion for rule on clerk, counsel alleges, without admitting fault, that he was prevented from meeting his resppnsibility for filing a timely record in that the circuit clerk has been instructed by the circuit judges \u201cto not turn over the transcripts in any criminal cases to defense attorneys appealing them, but to take care of mailing the transcripts themselves.\u201d This allegation, if true, may provide good cause to grant Brown\u2019s motion without the usual requirement that counsel admit fault for the late filing. Accordingly, we remand to the trial court for a determination as to whether the actions of the court or its circuit clerk prevented counsel from discharging his duty to transmit the record on appeal to the clerk of this court.\nRemanded.",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [
      "William Lee Fergus, for movant.",
      "Steve Clark, Att\u2019y Gen., by: Theodore Holder, Asst. Att\u2019y Gen., for respondent."
    ],
    "corrections": "",
    "head_matter": "Elizabeth Gammon BROWN v. STATE of Arkansas\nRC 89-47\n777 S.W.2d 585\nSupreme Court of Arkansas\nOpinion delivered October 16, 1989\nWilliam Lee Fergus, for movant.\nSteve Clark, Att\u2019y Gen., by: Theodore Holder, Asst. Att\u2019y Gen., for respondent."
  },
  "file_name": "0201-01",
  "first_page_order": 229,
  "last_page_order": 230
}