{
  "id": 2647967,
  "name": "Kevin McKENZIE, a/k/a Keith Barrett v. STATE of Arkansas",
  "name_abbreviation": "McKenzie v. State",
  "decision_date": "2003-12-04",
  "docket_number": "CR 03-775",
  "first_page": "259",
  "last_page": "260",
  "citations": [
    {
      "type": "official",
      "cite": "355 Ark. 259"
    },
    {
      "type": "parallel",
      "cite": "134 S.W.3d 5"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
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    "name_long": "Arkansas",
    "name": "Ark."
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    {
      "cite": "104 S.W.3d 744",
      "category": "reporters:state_regional",
      "reporter": "S.W.3d",
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      "cite": "352 Ark. 567",
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      "reporter": "Ark.",
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    {
      "cite": "354 Ark. 479",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        36096
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      "year": 2003,
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        {
          "parenthetical": "\"McKenzie IK"
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        {
          "parenthetical": "\"McKenzie IK"
        }
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      "case_paths": [
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    {
      "cite": "354 Ark. 2",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        36083
      ],
      "weight": 2,
      "year": 2003,
      "pin_cites": [
        {
          "parenthetical": "\"McKenzie I'"
        },
        {
          "parenthetical": "\"McKenzie I'"
        }
      ],
      "opinion_index": 0,
      "case_paths": [
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      ]
    }
  ],
  "analysis": {
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  "last_updated": "2023-07-14T22:11:14.990404+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Kevin McKENZIE, a/k/a Keith Barrett v. STATE of Arkansas"
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nAppellant\u2019s attorney, Charles E. Waldman, has filed an answer to our second denial of his motion to withdraw as counsel and motion for rule on the clerk, and asserts once again that the untimely filing of the record was not his fault, and that the rule on the clerk should be granted because someone else was at fault.\nOn June 6, 2003, Mr. Waldman attempted to file the record with the clerk. However, Mr. Waldman is not licensed in our state, and Mr. Waldman did not appear with any attorney licensed to practice in Arkansas in his attempt to file the record in this case or in his motion to withdraw from the case. Our clerk correctly declined to file the record, and any subsequent effort to file the record was deemed untimely.\nBy our per curiam order, McKenzie v. State, 354 Ark. 2, 116 S.W.3d 461 (2003) (\u201cMcKenzie I\u2019), we denied his motion to withdraw and instructed him to accept responsibility for the untimely filing of the record and to associate with an attorney admitted to practice in Arkansas for the purpose of filing his second motion, pursuant to Rule XIV of the Rules Governing Admission to the Bar.\nHowever, in his second motion, Mr. Waldman declined to follow our instructions and argued that another attorney, Alvin Q. Malone, who is admitted to practice in Arkansas, had participated in the trial below, that Mr. Waldman\u2019s failure to associate with Arkansas counsel in seeking to file the record should be forgiven, and that any fault should be borne by our clerk or by Mr. Malone. We note that Mr. Malone has not signed any pleadings or motions under our consideration in this case.\nWe issued a second per curiam order, McKenzie v. State, 354 Ark. 479, 125 S.W.3d 173 (2003) (\u201cMcKenzie IK), directing Mr. Waldman to accept responsibility for the untimely filing within thirty days and to file an appropriate motion to this court with the participation of a licensed attorney from Arkansas.\nMr. Waldman has refused to follow this order, but once again presents a motion arguing that the untimely filing is someone else\u2019s fault. In his motion, Mr. Waldman further asserts that we recently have held in Fisher v. State, 352 Ark. 567, 104 S.W.3d 744 (2003) that \u201ca statement that it was someone other that the attorney\u2019s fault will suffice.\u201d That assertion is an incorrect quotation of our holding in Fisher, supra. In Fisher, we stated, \u201cWe have held that a statement that it was someone else\u2019s fault or no one\u2019s fault will not suffice.\u201d Id. (emphasis added).\nMr. Waldman persists in his refusal to accept responsibility for his breach of our rules. Accordingly, we order Mr. Waldman to appear before us on January 15, 2004, to show cause why he should not be held in contempt of court.\nMotion to withdraw as counsel and motion for rule on the clerk denied.",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [
      "Charles E. Waldman, for appellant.",
      "Mike Beebe, Att\u2019y Gen., by: Jeffrey Weber, Ass\u2019t Att\u2019y Gen., for appellee."
    ],
    "corrections": "",
    "head_matter": "Kevin McKENZIE, a/k/a Keith Barrett v. STATE of Arkansas\nCR 03-775\n134 S.W.3d 5\nSupreme Court of Arkansas\nOpinion delivered December 4, 2003\nCharles E. Waldman, for appellant.\nMike Beebe, Att\u2019y Gen., by: Jeffrey Weber, Ass\u2019t Att\u2019y Gen., for appellee."
  },
  "file_name": "0259-01",
  "first_page_order": 283,
  "last_page_order": 284
}