Green v. State , 2017 Ark. 243 ( 2017 )

Cite as 2017 Ark. 243
SUPREME COURT OF ARKANSAS
No. CR-99-126
CHARLES GREEN Opinion Delivered September 14, 2017
PETITIONER
PRO SE MOTION FOR TRIAL
V. TRANSCRIPT UNDER
ARKANSAS RULE OF APPELLATE
STATE OF ARKANSAS PROCEDURE–CRIMINAL 19
RESPONDENT [MISSISSIPPI COUNTY CIRCUIT
COURT, CHICKASAWBA
DISTRICT, NO. 47BCR-97-86]
RESPONSE ORDERED.
COURTNEY HUDSON GOODSON, Associate Justice
Petitioner Charles Green requests that he be provided with a copy of his trial record
filed on appeal. No response has been filed to Green’s motion under Arkansas Rule of
Appellate Procedure–Criminal 19 (2016), and we therefore direct Thomas A. Young, who
represented Green on appeal, to provide a response in accord with this opinion.
The Arkansas Court of Appeals affirmed a judgment reflecting petitioner Green’s
conviction on a charge of first-degree murder. Green v. State, CR-99-126 (Ark. App. Sept.
8, 1999) (unpublished) (original docket number CACR99-126). Green, who asserts that
he is indigent, filed his motion for transcript in which he requests a copy of the trial record
under Rule 19. In the motion, he indicates that he has requested a copy of the transcript
and record from three attorneys who represented him and that he served those three
attorneys with notice of the motion.
Cite as 2017 Ark. 243
Young is one of the three attorneys whom Green indicates he served, and he is listed
on the docket for the court of appeals as the attorney who filed the record on appeal and
represented Green throughout the appeal. See Ark. R. App. P.–Crim. 19(b). Young must
respond even if he believes the motion has no merit, and Rule 19 makes counsel’s response
mandatory. Geatches v. State, 2016 Ark. 452, at 4, 505 S.W.3d 691, 693. Accordingly, we
direct Young to file the response required by Rule 19. He must state (1) whether he has
the requested copy in his possession; (2) whether, if so, the copy is paper or some other
format; (3) whether the copy was provided to his client. See Ark. R. App. P.–Crim. 19(b).
If Young’s response states that he has a copy in his possession, but he has not provided it to
his client, then the response must also either commit to provide the requested documents
or provide good cause for the failure to do so. See Ark. R. App. P.–Crim. 19. Young’s
response must be received within ten days of this opinion. After we have received Young’s
response, we will address Green’s request that he be provided a copy of the transcript at
State expense.
Response ordered.
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