Chapter 10 Writing Appellate Briefs

• Library: Handling Appeals in Arkansas (2022 Ed.)

CHAPTER 10 WRITING APPELLATE BRIEFS

Martin A. Kasten and Joshua C. Ashley

C. Appellant's Opening Brief

5. Statement of the Case and the Facts

The statement of the case and the facts is "for the benefit of [the] court to understand the case and facts" and a fence around overlooked facts that may support a petition for rehearing. Greeno v. State, 2023 Ark. App. 82, at 2; see also Chapter 13(B)(2). Therefore, a statement that recites only the procedural posture fails to comply with ASCR 4-2(a)(6), and is tantamount to omitting that section. Greeno, 2023 Ark. App. 82, at 2. The rule's "mandatory language"—"[t]he appellant's brief shall contain ..."—means the appellate court cannot overlook a missing statement of the case and the facts. Id. Rebriefing may be ordered—sometimes twice. Id. (once); Burns v. State, 2023 Ark. App. 34, at 1-2 (twice); but see Self v. State, 2022 Ark. App. 479, at 2, 655 S.W.3d 567, 570 (considering appeal on the merits despite a statement that was "limited to a sparse procedural timeline" "minimally recount[ing]" certain events...