McGahey v. State

Appellant, Keela McGahey, by and through her attorney, Hubert W. Alexander, has filed a motion for rule on clerk to file her record and have her appeal docketed. The clerk refused to accept the record. The record before us does not show strict compliance with Arkansas Rules of Appellate Procedure - Rule 5(b)(1)(C), as all parties have not had an opportunity to be heard on appellant’s motions to extend time for filing the transcript.

We have 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.…