FROM THE MILLER COUNTY CIRCUIT COURT. NO. 46CR-15-281.
HONORABLE BRENT HALTOM, JUDGE.
Rosenzweig, for appellant.
Rutledge, Att'y Gen., by: Brooke Jackson Gasaway,
Ass't Att'y Gen., for appellee.
RAYMOND R. ABRAMSON, Judge. SWITZER and WHITEAKER, JJ.,
R. ABRAMSON, Judge
case returns to us after we remanded it on March 13, 2019. In
Jared Harper's direct appeal, we affirmed in part but
remanded for the circuit court to conduct an in camera review
of the prosecutor's notes from a March 6, 2017 interview
with the alleged victim, K.S. See Harper v.
State, 2019 Ark.App. 163, 573 S.W.3d 596. Upon review,
begin by providing the relevant facts and procedural history
to explain our current posture. After we remanded, but prior
to the issuance of the mandate, the circuit court conducted
an in camera hearing and reviewed the prosecutor's notes.
The circuit court entered an order on March 20, 2019, and
concluded that the notes were not a substantially verbatim
statement from K.S., did not contain material that required
disclosure under Brady v. Maryland, 373 U.S. 83, 83
S.Ct. 1194, 10 L.Ed.2d 215 (1963), and any nondisclosure was
harmless beyond a reasonable doubt. See Ark. Code
Ann. § 16-89-115(e)(2) (Repl. 2005). The circuit court then
reinstated Harper's convictions and placed the
prosecutor's notes under seal.
March 21, 2019, Harper filed a motion to vacate the circuit
court's March 20, 2019 order because the mandate had not
yet issued. Harper also filed a notice of appeal from that
order, and the case was assigned number CR-19-419 (the
present case). The mandate in the direct appeal (CR-18-556)
issued on May 23, 2019.
June 5, 2019, the circuit court granted Harper's motion
and vacated its March 20, 2019 order. That same day, the
circuit court entered another order again reinstating
Harper's convictions. Harper then filed a notice of
appeal from the June 5, 2019 order, which was pending before
our court in Harper v. State, CR-19-566.
July 17, 2019, prior to filing his brief, Harper filed a
motion in our court seeking access to the sealed
prosecutor's notes. We granted Harper " leave to