ARKANSAS SUPREME COURT
NOT DESIGNATED FOR PUBLICATION
 

JANUARY 8, 2004

JOE COPELAND

Appellant

v.

STATE OF ARKANSAS

Appellee

CR 03-180

APPEAL FROM THE CIRCUIT COURT OF SEVIER COUNTY, CR 98-54, HONORABLE TED C. CAPEHEART, JUDGE

REBRIEFING ORDERED

Per Curiam

Appellant was found guilty of first-degree murder and was sentenced to life imprisonment. We affirmed. Copeland v. State, 343 Ark. 327, 37 S.W.3d 567 (2001). Subsequently, the circuit court denied appellant's petition for postconviction relief pursuant to Ark. R. Cr. P. 37. Appellant contends that the court erred in doing so. We cannot reach the merits of appellant's claim because his brief fails to comply with Supreme Court Rule 4-2.

Appellant asserts on appeal that the circuit court erred in rejecting his claims of ineffective assistance of counsel. Appellant claims that his trial counsel was ineffective in failing to proffer additional testimony of a psychiatrist, whose testimony on cross-examination was limited by the trial judge, in failing to procure an additional psychological exam, and in failing to obtain records of appellant's hospital commitment.

We cannot reach the merits of appellant's claims because he has failed to include an abstract of his trial in his brief as required by Ark. Sup. Ct. R. 4-2(a)(5) (2003). See Hubbard v. State, 334 Ark. 321, 324, 973 S.W.2d 804, 805 (1998). Absent this material information, we cannot evaluate appellant's claims according to the "cause and prejudice" test in Strickland. Id. Appellant's abstract consists of his Rule 37 petition, and testimony presented at his hearing. It is a practical impossibility for seven justices to examine a single transcript filed with this court, and we will not do so. E.g.,City of Dover v. City of Russellville, 351 Ark. 557, 95 S.W.3d 808 (2003).

Therefore, appellant has fifteen days from the date of this opinion to file a substituted abstract, Addendum, and brief to conform to Rule 4-2(a)(5) and (8). See Campbell v. State, 349 Ark. 111, 112, 76 S.W.3d 271, 272 (2002). Mere modifications of the original brief will not be accepted. Id. According to Rule 4-2(b)(3), if appellant fails to file a complying abstract, Addendum and brief within the prescribed time, the judgment or decree may be affirmed for noncompliance with the Rule. Id.

Rebriefing Ordered.