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Middleton v. Lockhart10/20/2005
ent record and abstract. Boatmen's Trust Co. of Arkansas v. Housing Authority of City of North Little Rock, 346 Ark. 192, 57 S.W.3d 132 (2001). A pro se defendant must abide by the same abstracting standards as any other licensed attorney. Hooker v. Farm Plan Corp., 331 Ark. 418, 962 S.W.2d 353 (1998). This court will not reach the merits of an issue when the documents or proceedings that are necessary for an understanding of the issue are not abstracted. Boatmen's Trust Co. of Arkansas v. Housing Authority of City of North Little Rock, supra. Furthermore, if a motion was filed, it is the appellant's obligation to obtain a ruling in order to properly preserve an issue for review. Huddleston v. State, 347 Ark. 226, 61 S.W.3d 163 (2001). Because there is not proper documentation of the motion for "conflict free counsel," or a judgment on such a motion, it has not been properly preserved for appeal.
For the final point on appeal, Kenneth stated very simply in his brief that "considering all the above facts" Judge Lineberger should be removed from the case and a non-biased judge should be appointed. This argument was not preserved for appellate review. The argument alleging judicial bias is not preserved when there was not an objection based on the bias of the judge or a motion for the trial judge to recuse. Southern Farm Bureau Cas. Ins. Co. v. Daggett, 354 Ark. 112, 118 S.W.3d 525 (2003). There is no record of a prior objection or motion regarding a problem with the trial judge. Because the argument was not properly preserved for appeal, we will not address the merits of this issue.
Affirmed.
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