Hood v. State, CR
| Citation | 920 S.W.2d 853,324 Ark. 457 |
| Decision Date | 20 May 1996 |
| Docket Number | No. CR,CR |
| Parties | Marcus HOOD, Appellant. v. STATE of Arkansas, Appellee, 96-103. |
| Court | Supreme Court of Arkansas |
Appellant requests an extension of time to supplement the transcript and file a brief. He has filed a partial transcript, but seeks to complete the record which he states omits the following:
(1) The February 7, 1995 suppression hearing, the court's ruling and the testimony or evidence bearing on the alleged coercive nature of the police in obtaining appellant's confession.
(2) The court's side-bar conference regarding the appellant's objection to the state's question to Officer William Setterman, "[W]ere you or did you recover anything of an evidentiary value in the investigation of Shorty Williamson's Service Station in Hamburg?"
We grant appellant's motion, and remand this matter to settle the record, but in doing so, we point out that the foregoing omissions appear to be matters that can be easily resolved. First, if no report of the evidence or proceedings at a hearing or trial was made, or if a transcript is unavailable, the appellant may prepare a statement of the evidence or proceedings from the best means available, including his recollection. The statement shall be served on the appellee (here the state), who may serve objections or proposed amendments thereto within ten days after service upon it. Thereupon the statement and any objections or proposed amendments shall be submitted to the trial court for settlement and approval and as settled and approved shall be included by the clerk of the court in the record on appeal. Ark.R.App.P. 6(d); see also Crafton v. State, 274 Ark. 319, 624 S.W.2d 440 (1981); Fountain v. State, 269 Ark. 454, 601 S.W.2d 862 (1980).
Second, if any difference arises as to whether the record truly discloses what occurred in the trial court, the difference shall be submitted to and settled by that court and the record made to conform to the truth. If anything material to either party is omitted from the record by error or accident or is misstated therein, the parties by stipulation, or the trial court, either before or after the record is transmitted to the appellate court, or the appellate court on proper suggestion, or on its own initiative, may direct that the omission or misstatement shall be corrected, and if necessary, that a supplemental record be certified and transmitted. All other questions as to form and content of the record shall be...
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Hood v. State
...anything of evidentiary value in the investigation of Shorty Williamson's Service Station in Hamburg?" See Hood v. State, 324 Ark. 457, 920 S.W.2d 853 (1996) (per curiam). We granted the motion to supplement and remanded to reconstruct and settle the record. Id. We noted the resolvable natu......
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Jacobs v. State
...was made of Ms. Sims's tapes, even though a suppression hearing and side-bar conference could not be transcribed. See Hood v. State, 324 Ark. 457, 920 S.W.2d 853 (1996). We remanded the Hood case for the purpose of settling the record under Ark.R.App.P. 6(d) and (e), since it seemed feasibl......
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