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In re Arkansas Supreme Court Committee On Criminal Practice

Supreme Court of Arkansas

June 21, 2018

IN RE ARKANSAS SUPREME COURT COMMITTEE ON CRIMINAL PRACTICE; ARK. R. CRIM. P. 33.6; ARK. SUP. CT. R. 3-4; AND ARK. R. APPELLATE P. -CRIM. 2

          PER CURIAM

         The Arkansas Supreme Court Committee on Criminal Practice submitted proposals for changes in rules related to jury instructions and belated appeals. We are publishing the recommendations for comment. The Reporter's Notes explain the changes, and the proposed changes are set out in "line-in, line-out" fashion (new material is underlined; deleted material is lined through).

         Comments on the suggested rule changes should be made in writing before September 1, 2018, and they should be addressed to: Stacey Pectol, Clerk, Supreme Court of Arkansas, Attn.: Criminal Procedure Rules, Justice Building, 625 Marshall Street, Little Rock, Arkansas 72201.

          1. Jury Instructions.

         Rule of Criminal Procedure 33.6. Instructions and Verdict Forms To Be Delivered To Jury.

         (a) In the trial of all cases in courts of record wherein juries are employed, upon request of counsel for any party, or of a juror, it shall be the duty of the presiding judge to deliver to the jury immediately prior to its retirement for deliberation, a typewritten written copy of the oral instructions read given to the jury. The written jury instructions shall be returned to the court by the foreman of the jury when the jury is dismissed.

         (b) The verdict forms and written jury instructions shall be filed in the clerk's case file at the conclusion of the jury's deliberations.

         (c) Any proffered jury instructions, which were requested by parties and rejected by the court, shall be delivered to the court reporter and made an exhibit to the court reporter's transcript.

         Reporter's Notes, 201_ Amendment. Subdivisions (b) and (c) were added.

         Rule of Supreme Court and Court of Appeals 3-4. Record in criminal cases.

         (a) Order of record. In all criminal cases, after the caption set forth in Rule 3-1, the record shall be organized in the following sequence:

1. Return of the indictment or information;
2. Defendant's pleadings;
3. Subsequent pleadings and orders in ...

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