Branning v. State

Appellant Christopher Branning, by and through his attorney, Erwin L. Davis, has filed a motion for rule on clerk. The due date for lodging the transcript, as extended, was August 31, 2005. In the motion, Mr. Davis states that appellant’s transcript was “properly delivered on said day but apparently arrived about one hour late, . . . [and] the inability of the courier to arrive on time was due to excusably [sic] neglect or unavoidable delay[.]” The docket sheet reveals that the record was tendered on September 1, 2005.

This court clarified its treatment of motions for rule on clerk and motions…