CourtListener 10601339•Jeffery Lance H. Duckworth v. State of Arkansas
Jeffery Lance H. Duckworth v. State of Arkansas
CourtListener 10601339Arkctapp4 giu 2025
Testo completo
Cite as 2025 Ark. App. 347
ARKANSAS COURT OF APPEALS
DIVISION I
No. CR-25-75
JEFFERY LANCE H. DUCKWORTH Opinion Delivered June 4, 2025
APPELLANT
APPEAL FROM THE SALINE
COUNTY CIRCUIT COURT
V. [NO. 63CR-24-256]
STATE OF ARKANSAS HONORABLE KEN CASADY, JUDGE
APPELLEE
REMANDED TO SETTLE AND
SUPPLEMENT THE RECORD;
REBRIEFING ORDERED; MOTION
TO WITHDRAW DENIED WITHOUT
PREJUDICE
RAYMOND R. ABRAMSON, Judge
A Saline County jury found Jeffery Lance H. Duckworth guilty of possession of a
controlled substance, and he was sentenced as a habitual offender to thirteen years’
imprisonment. Duckworth’s counsel has filed a motion to withdraw and a no-merit brief
pursuant to Anders v. California, 386 U.S. 738 (1967), and Ark. Sup. Ct. R. 4-3(b)(1), asserting
that an appeal would be wholly frivolous. We cannot address the appeal at this time and
must remand to settle and supplement the record within thirty days.
In order to determine whether there has been compliance with Anders, we must have
the entire record of the circuit court proceedings, including a transcript of the jury-selection
process. Golden v. State, 2025 Ark. App. 73; Yancy v. State, 2024 Ark. App. 12; Mace v. State,
2011 Ark. App. 472. In this case, as in Mace, voir dire was not designated to be included in
the record for this appeal. We examine all the proceedings in a no-merit appeal “[i]nstead of
reviewing only the parts of the record that the lawyer puts before us.” Campbell v. State, 74
Ark. App. 277, 280-C, 53 S.W.3d 48, 50 (2001) (supplemental opinion on denial of
rehearing).
We express no opinion on whether counsel should file another no-merit brief or an
adversarial one, but if he chooses to file a no-merit brief, he should first determine whether
there are any adverse rulings in the transcribed material following supplementation of the
record. The omission we have noted here may not be the only deficiency present in the
record, and counsel is strongly encouraged to review Anders and Rule 4-3(b)(1) for the
requirements of a no-merit brief. Once the record is supplemented, the clerk will establish a
new briefing schedule. Counsel may file a substituted brief, if necessary; Duckworth may file
pro se points for reversal, and the State will be given an opportunity to file another responsive
brief in light of the supplemental record and in the event Duckworth raises pro se points.
Remanded to settle and supplement the record; rebriefing ordered; motion to
withdraw denied without prejudice.
THYER and HIXSON, JJ., agree.
Nobles Law Firm, PLLC, by: Ethan C. Nobles, for appellant.
One brief only.
2
Continua la tua ricerca in ChatGPT o Claude
Collega Omnilex per cercare nel corpus legale dal tuo assistente IA.