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376 So. 2d 753

Barton v. State

Supreme Court of Alabama

Decided February 10, 1978

Supreme Court of Alabama · decided 1978-02-10

Cited by 3 later decisions — most recently November 1992

3 state decisions

Key passage — most relied on by later courts

““Suspension of Rules. In the interest of expediting decision, or for other good cause shown, an appellate court may suspend the requirements or provisions of any of these rules in a particular case on application of a party or on its own motion and may order proceedings in accordance with its direction; provided, however, an appellate court may not extend the time for taking an appeal, as provided in Rule 4(a)(1).””

quoted by 1 later decision, including Barton v. State

“Rule 2 ARAP provides that the appellate court may, in its sound discretion, suspend the Rules, except for extending the time for taking an appeal”

quoted by 1 later decision, including 606 So. 2d 171 - Symanowski v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1978-02-10

View the full empirical analysis of this case →

FAULKNER, Justice.

¶1Bennie B. Barton was convicted of robbery and sentenced to ten years in the penitentiary on February 10, 1976. He gave notice of appeal on the same day.

¶2On March 11 the defendant filed a motion for new trial, which was continued and overruled on August 9. On September 17, the defendant filed a notice of appeal from this post-judgment order.

¶3On November 15, the court reporter filed the transcript of the evidence with the circuit clerk, who completed the record on appeal and filed a certificate of completion with the Court of Criminal Appeals on November 18. No attempt was made to secure an extension of time for filing the reporter’s transcript. The defendant asserted the court reporter’s mistake in calculating the date on which the transcript was due as the reason for the delay.

¶4The Court of Criminal Appeals granted the State’s motion to strike the transcript for noncompliance with Alabama Rules of Appellate Procedure, Rule 11, thus impliedly denying the defendant’s motion to suspend the Rules. The conviction was affirmed on the record proper. This court granted writ of certiorari.

¶5We remand this case to the Court of Criminal Appeals for it to exercise its sound discretion to consider whether to suspend the Rules to permit filing the transcript. Rule 2 ARAP provides that the appellate court may, in its sound discretion, suspend the Rules, except for extending the time for taking an appeal, in the interest of expediting decision or for other good cause shown. See also, Comments to Rule 2.

¶6REMANDED TO COURT OF CRIMINAL APPEALS.

All the Justices concur.
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