Munn v. State

Appellant Kenneth Munn filed a motion for rule on clerk asking this court to direct the clerk of the court to file his record and have his appeal docketed. The clerk refused to docket his appeal because the order for extension of time was inadequate and the record failed to comply with Arkansas Rule of Appellate Procedure — Civil 5(b).

This court has held that Rule 5(b)(1) applies to both civil and criminal cases for the determination of the timeliness of a record on appeal. See Roy v. State, 367 Ark. 178, 238 S.W.3d 117 (2006). Rule 5(b)(1) provides:(1) If any party has designated…