Soltow v. State

I concur fully in Division 2 but believe that the circumstances underlying Division 1 warrant further comment, and that explanatory caution should be added to Division 3.

1. When the state’s brief was finally filed a month tardily, appellant moved to dismiss it, citing our Rule 14, which requires that appellee’s brief “shall be filed within” specified time. No sanction for failure of appellee to comply is set out in the rule, but failure on the part of appellant or cross-appellant is expressly subject to contempt. Under Rule 7, however, breach of a rule of this Court subjects the offender,…