Alexander v. State

Decision Date20 December 1976
Docket NumberNo. CR76--133,CR76--133
Citation545 S.W.2d 606,260 Ark. 785
Parties, 261 Ark. 26 Clance Sidney ALEXANDER, Appellant, v. STATE of Arkansas, Appellee.
CourtArkansas Supreme Court

W. Palma Rainey, Rubens, Rubens & Rainey, West Memphis, for appellant.

Jim Guy Tucker, Atty. Gen. by Joseph H. Purvis, Asst. Atty. Gen., Little Rock, for appellee.

GEORGE ROSE SMITH, Justice.

This capital felony case has not yet been tried. Two preliminary motions were filed, one asking that W. Palma Rainey be allowed to withdraw as appointed counsel and the other that all prosecuting attorneys, circuit judges, and circuit clerks be summoned to testify concerning the death penalty. The trial court denied both motions, its order reciting that the rulings are final for the purpose of appellate review or, alternatively, that the defendant should be allowed an interlocutory appeal.

Inasmuch as the case is still pending below, the appeal must be dismissed for want of a final judgment, a point which this court itself raises. H. E. McConnell & Son v. Sadle, 248 Ark. 1182, 455 S.W.2d 880 (1970). The trial court's attempt to enlarge our jurisdiction must fail, because the limitation of our jurisdiction to the review of final judgments and decrees is statutory. Ark.Stat.Ann. § 27--2101 (Supp.1975).

Appeal dismissed.

FOGLEMAN, Justice, dissenting.

I would grant the rehearing to the extent of treating the appeal as a petition for certiorari and considering the issue on its merits.

I am authorized to state that Mr. Justice BYRD joins me in this.

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6 cases
  • Sigma Reproductive Health Center v. State, 18
    • United States
    • Court of Appeals of Maryland
    • 1 Septiembre 1983
    ...denied, 423 U.S. 1033, 96 S.Ct. 566, 46 L.Ed.2d 407 (1975); United States v. Moore, 368 F.2d 990 (9th Cir.1966); Alexander v. State, 260 Ark. 785, 545 S.W.2d 606 (1976); People v. Ealy, 49 Ill.App.3d 922, 7 Ill.Dec. 864, 365 N.E.2d 149 (1977); Warren, 281 Md. 179, 377 A.2d 1169; Commonwealt......
  • Weston v. State, CR77-238
    • United States
    • Supreme Court of Arkansas
    • 12 Febrero 1979
    ...to disturb the indictments against appellant for three reasons. First, there is no appealable order before us. See Alexander v. State, 260 Ark. 785, 545 S.W.2d 606 (1976); and State v. Langstaff, 231 Ark. 736, 332 S.W.2d 614 (1960). Appellant has been indicted, but he has not been convicted......
  • Alexander v. State, CR77-210
    • United States
    • Supreme Court of Arkansas
    • 17 Julio 1978
    ...circuit judges, and circuit clerks be summoned to testify about the imposition of the death penalty in Arkansas. See Alexander v. State, 260 Ark. 785, 545 S.W.2d 606 (1976). We need not discuss that ruling, because the jury's failure to impose the death penalty makes the proposed testimony ......
  • Dixon v. State, CR76--164
    • United States
    • Supreme Court of Arkansas
    • 10 Enero 1977
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