FROM THE DALLAS COUNTY CIRCUIT COURT [NO. 20CR-10-26]
HONORABLE DAVID CLINGER, JUDGE
ORDERED; COUNSEL SUBSTITUTED
Bloodman, for appellant.
McDaniel, Att'y Gen., by: Laura Shue, Ass't Att'y
Gen., for appellee.
KENNETH S. HIXSON, Judge
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
Supreme Court Rule 4-2(a)(5) (2015) provides in pertinent
(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.
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
. . . .
WHEREUPON THE ATTORNEYS MADE CLOSING ARGUMENTS (OMITTED AS