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Rainey v. State

Court of Appeals of Arkansas, Division I

October 26, 2016

THOMAS RAINEY APPELLANT
v.
STATE OF ARKANSAS APPELLEE

         APPEAL FROM THE DALLAS COUNTY CIRCUIT COURT [NO. 20CR-10-26] HONORABLE DAVID CLINGER, JUDGE

         REBRIEFING ORDERED; COUNSEL SUBSTITUTED

          Teresa Bloodman, for appellant.

          Dustin McDaniel, Att'y Gen., by: Laura Shue, Ass't Att'y Gen., for appellee.

          KENNETH S. HIXSON, Judge

         Appellant Thomas Rainey appeals after a Dallas County jury found him guilty of possession of cocaine with intent to deliver and possession of drug paraphernalia. He was sentenced to an aggregate term of 480 months' imprisonment. Appellant lists four points on appeal in his substituted brief: (1) the trial court erred in denying his motion to suppress evidence; (2) the trial court erred in denying his motion to suppress statements; (3) whether "the legal status of a confidential informant in providing information to officers is relevant to the determination of the officers['] conclusion of probable cause to stop a vehicle, even though the officers articulated another reason for effectuating the stop"; and (4) he was denied the right to confront the confidential informant. Because of briefing deficiencies, we previously ordered rebriefing. See Rainey v. State, 2015 Ark.App. 341. Although appellant has filed a substituted brief, the brief is still deficient, and appellant has failed to correct the deficiencies identified in our previous order. Therefore, we order rebriefing again and appoint substituted counsel.

         Arkansas Supreme Court Rule 4-2(a)(5) (2015) provides in pertinent part,

(5) Abstract. The appellant shall create an abstract of the material parts of all the transcripts (stenographically reported material) in the record. Information in a transcript is material if the information is essential for the appellate court to confirm its jurisdiction, to understand the case, and to decide the issues on appeal.
(A) Contents. All material information recorded in a transcript (stenographically reported material) must be abstracted. Depending on the issues on appeal, material information may be found in, for example, counsel's statements and arguments, voir dire, testimony, objections, admissions of evidence, proffers, colloquies between the court and counsel, jury instructions (if transcribed), and rulings. All material parts of all hearing transcripts, trial transcripts, and deposition transcripts must be abstracted, even if they are an exhibit to a motion or other paper. Exhibits (other than transcripts) shall not be abstracted. Instead, material exhibits shall be copied and placed in the addendum. If an exhibit referred to in the abstract is in the addendum, then the abstract shall include a reference to the addendum page where the exhibit appears.
(B) Form. The abstract shall be an impartial condensation, without comment or emphasis, of the transcript (stenographically reported material). The abstract must not reproduce the transcript verbatim. No more than one page of a transcript shall be abstracted without giving a record page reference. In abstracting testimony, the first person ("I") rather than the third person ("He or She") shall be used. The question-and-answer format shall not be used. In the extraordinary situations where a short exchange cannot be converted to a first-person narrative without losing important meaning, however, the abstract may include brief quotations from the transcript.

         We previously encouraged appellant's counsel "to ensure that her arguments on each point of appeal, along with the trial court's rulings, appear in the abstract." Rainey, 2015 Ark.App. 341, at 3. Instead of following this court's directive, counsel noted the following on pages 19 and 21 of the supplemental abstract:

Thereafter the attorneys made closing arguments. (Arguments omitted since brief addresses the same arguments)
. . . .
WHEREUPON THE ATTORNEYS MADE CLOSING ARGUMENTS (OMITTED AS ARGUMENTS ...

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