Russell v. State

Appellant Thurman Russell, by and through his attorney Randel Miller, has filed a motion for rule on clerk to file his record and have his appeal docketed. The clerk refused to accept the record. Although the motion does not state the reason for this refusal, it can be assumed that the clerk refused to docket the appeal and accept the record based on a failure to comply with Arkansas Rule of Appellate Procedure - Civil 5(b)(1).

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 Lalota v. State, 367…