In re Belated Criminal Appeals

Full title: IN RE BELATED CRIMINAL APPEALS; Notice of Appeal Prior to Judgment

Court: Supreme Court of Arkansas

Date published: Jun 21, 1993

856 S.W.2d 9 (Ark. 1993)

856 S.W.2d 9

Opinion

Substituted opinion delivered June 21, 1993¹

1 Original opinion delivered June 14, 1993.

PER CURIAM

The following opinion is substituted for the one with the same style delivered on June 14, 1993:

In Kelly v. Kelly, 310 Ark. 244, 835 S.W.2d 869 (1992), it was held that Ark. R. App. P. 4. clearly requires that, to be effective, a notice of appeal must be filed after, and not before, entry of judgment. It was also made clear by the overruling of State v. Joshua, 307 Ark. 79, 818 S.W.2d 249 (1991), that the Rule applies in criminal cases.

In Tucker v. State, 311 Ark. 446, 844 S.W.2d 335 (1993), we held that the confusion resulting from the overruling of State v. Joshua, supra, would constitute a ground for petitioning for a belated appeal.

We give notice that, in view of the fact that our interpretation of the Rule has been a matter of record since July 13, 1992, (the date of the Kelly v. Kelly decision), we will not consider the overruling of State v. Joshua, supra, as a ground for belated appeal except in cases in which the judgment of conviction was entered prior to July 1, 1993.