Jackson v. State
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Cite as 2010 Ark. 332
SUPREME COURT OF ARKANSAS
No.
CR10-43
Opinion Delivered 9-16-10
MICHAEL DASHAUN JACKSON,
APPELLANT,
VS.
STATE OF ARKANSAS,
APPELLEE,
APPEAL FROM THE CIRCUIT
COURT OF PULASKI COUNTY,
FOURTH DIVISION, NO. CR08-474,
HON. HERBERT T. WRIGHT, JR.,
JUDGE,
REBRIEFING ORDERED.
PER CURIAM
In October 2009, the appellant, Michael Dashaun Jackson, was convicted of capital
murder, aggravated robbery, and attempted capital murder. Jackson was sentenced to
concurrent terms of life without parole for the capital murder, life for the aggravated robbery,
and thirty years for attempted capital murder. Each sentence also included a fifteen-year
firearm enhancement. Jackson filed a timely notice of appeal with this court, arguing that the
trial court abused its discretion by refusing to grant appellant’s motion for a mistrial, that the
trial court abused its discretion by excluding evidence of a co-defendant’s arrest for firearm
possession, and that the trial court erred in excluding evidence of marijuana possession by one
of the victims.
We are unable to consider appellant’s appeal at this time because his brief is not in
compliance with Ark. Sup. Ct. R. 4-2(a)(8) (2010). Our newly-amended rule states that in
Cite as 2010 Ark. 332
any case where there was a jury trial, the appellant must include the jury’s verdict forms. Ark.
Sup. Ct. R. 4-2(a)(8)(A)(i) (2010); see also In re Arkansas Supreme Court and Court of Appeals
Rules 4-1, 4-2, 4-3, 4-4, 4-7, and 6-9, 2009 Ark. 544 (per curiam). Our rules also require
that “if an exhibit or other item in the record cannot be reproduced in the addendum, then
the party making the addendum must file a motion seeking a waiver of the addendum
obligation.” Ark. Sup. Ct. R. 4-2(a)(8)(A)(ii) (2010).
In this case, appellant failed to include the jury verdict forms in his addendum as
required by our rules. Further, appellant failed to file a motion for waiver of addendum
obligation. Accordingly, we order appellant to file a substituted brief, curing the deficiencies
in the addendum, within fifteen days from the date of entry of this order. Ark. Sup. Ct. R.
4-2(b)(3) (2010). After service of the substituted brief, the appellee shall have an opportunity
to file a responsive brief in the time prescribed by the supreme court clerk, or to rely on the
brief previously filed in this appeal.
Rebriefing ordered.
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