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Willis v. State

ARKANSAS COURT OF APPEALS DIVISION II
Jan 31, 2018
2018 Ark. App. 62 (Ark. Ct. App. 2018)

Opinion

No. CR-17-661

01-31-2018

RODNEY ANTONIO WILLIS APPELLANT v. STATE OF ARKANSAS APPELLEE

Johnny Dunigan, for appellant. Leslie Rutledge, Att'y Gen., by: Brad Newman, Ass't Att'y Gen., and Sharnea Diggs, Law Student Admitted to Practice Pursuant to Rule XV of the Rules Governing Admission to the Bar of the Supreme Court under the Supervision of Darnisa Evans Johnson, Deputy Att'y Gen., for appellee.


APPEAL FROM THE MISSISSIPPI COUNTY CIRCUIT COURT, CHICKASAWBA DISTRICT
[NO. 47BCR-16-161] HONORABLE MELISSA BRISTOW RICHARDSON, JUDGE SUPPLEMENTATION OF THE ADDENDUM ORDERED N. MARK KLAPPENBACH, Judge

Appellant Rodney Antonio Willis was convicted by a jury in Mississippi County Circuit Court of two counts of aggravated robbery. The charges related to two armed robberies committed on the night of April 4, 2016, in Blytheville, Arkansas. One robbery was committed at Jordan's QuikStop, and one was committed at Pizza Hut. Appellant's sole argument on appeal is that the trial court erred in denying his motions for directed verdict because there was insufficient evidence to corroborate the testimony of his accomplice, Courtney Ford. Because of briefing deficiencies, we order Willis to supplement his addendum to include the second of two video DVDs that recorded Willis and others shopping at a Walmart store on the night of the robberies.

Rule 4-2 of the Rules of the Supreme Court and Court of Appeals of the State of Arkansas delineates the required contents of appellate briefs. Rule 4-2(a)(8)(i) requires that the addendum include all items that are essential for the appellate court to understand the case and decide the issues on appeal, including exhibits such as DVDs. The procedure to be followed when an appellant has submitted an insufficient abstract or addendum is set forth in Rule 4-2(b). Pursuant to Rule 4-2(b)(4), if the appellate court determines that deficiencies or omissions in the abstract or addendum need to be corrected but complete rebriefing is not needed, then the court will order the appellant to file a supplemental abstract or addendum within seven calendar days to provide the additional materials from the record to the members of the appellate court.

Here, Willis's appellate argument centers on the corroboration (or lack of corroboration) of accomplice testimony. The State presented the Walmart store surveillance video that was recorded on two different DVDs as its primary evidence of corroboration. In the addendum of Willis's appellate brief, he has provided us with only the first of the two Walmart DVDs that were played for the jury, entered into evidence, and placed in the trial court's record. Both DVDs are essential to understand the case and to decide the issues on appeal. See Powell v. State, 2013 Ark. App. 149; Stutte v. State, 2013 Ark. App. 514; Lewis v. State, 2012 Ark. App. 540. Accordingly, we order Willis to file a supplemental addendum within seven calendar days from the date of this opinion.

Supplementation of the addendum ordered.

VIRDEN and MURPHY, JJ., agree.

Johnny Dunigan, for appellant.

Leslie Rutledge, Att'y Gen., by: Brad Newman, Ass't Att'y Gen., and Sharnea Diggs, Law Student Admitted to Practice Pursuant to Rule XV of the Rules Governing Admission to the Bar of the Supreme Court under the Supervision of Darnisa Evans Johnson, Deputy Att'y Gen., for appellee.


Summaries of

Willis v. State

ARKANSAS COURT OF APPEALS DIVISION II
Jan 31, 2018
2018 Ark. App. 62 (Ark. Ct. App. 2018)
Case details for

Willis v. State

Case Details

Full title:RODNEY ANTONIO WILLIS APPELLANT v. STATE OF ARKANSAS APPELLEE

Court:ARKANSAS COURT OF APPEALS DIVISION II

Date published: Jan 31, 2018

Citations

2018 Ark. App. 62 (Ark. Ct. App. 2018)