Terry v. State

Appellant Pamela Terry, by and through her

attorney, has filed a motion for rule on clerk to file her record and have her appeal docketed. The clerk refused to docket the appeal due to a failure to comply with Arkansas Rule of Appellate Procedure — Civil 5(b)(1)(C).

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). That rule provides:(1) If any party has designated stenographically reported material for inclusion in the record on appeal, the circuit…