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Strom v. State

Supreme Court of Arkansas
Feb 19, 2004
147 S.W.3d 689 (Ark. 2004)
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Summary

holding that appellate counsel's admitted failure to timely file the brief constituted good cause to grant appellant's motion for belated brief

Summary of this case from Johnson v. State
See 19 Summaries

Opinion

CR 03-743

Opinion delivered February 19, 2004

APPEAL ERROR — MOTION TO FILE BELATED BRIEF — GOOD CAUSE FOR GRANTING. — An admission by an attorney for a criminal defendant that the brief was filed late due to a mistake on her part is good cause to grant a motion to file belated brief.

Motion for Rule on Clerk; granted.

Kathy Hall, for appellant.

No response.

PER CURIAM.

Appellant Donald Strom, by his attorney, Kathy Hall, has filed a motion to file a belated brief on his Rule 37 claim. The record was timely lodged in this case and briefing was commenced on June 27, 2003. Appellant's brief was originally due on August 6, 2003. Appellant's counsel asked for and was granted two 60-day extensions, making the brief due on December 4, 2003. Appellant's brief was tendered on February 6, 2004.

[1] In the pending motion, Ms. Hall accepts full responsibility for having failed to timely file the appellant's brief. We find that such error, admittedly made by the attorney for a criminal defendant, is good cause to grant the motion. In Re: Belated Appeals in Criminal Cases, 265 Ark. 964 (1979) (per curiam).

A copy of this per curiam will be forwarded to the Committee on Professional Conduct. In Re: Belated Appeals in Criminal Cases, 265 Ark. 964.

Summaries of

Strom v. State

Supreme Court of Arkansas
Feb 19, 2004
147 S.W.3d 689 (Ark. 2004)

holding that appellate counsel's admitted failure to timely file the brief constituted good cause to grant appellant's motion for belated brief

Summary of this case from Johnson v. State

holding that appellate counsel's admitted failure to timely filed the brief constitutes good cause to grant a motion for belated brief

Summary of this case from Cox v. State

holding that appellate counsel's admitted failure to timely file the brief constituted good cause to grant the motion for belated brief

Summary of this case from Thompson v. State

holding that appellate counsel's admitted failure to timely file the brief constituted good cause to grant motion for belated brief

Summary of this case from Mister v. State

holding that appellate counsel's admitted failure to timely file the brief constituted good cause to grant appellant's motion for belated brief

Summary of this case from Russell v. State

holding that appellate counsel's admitted failure to timely file the brief constitutes good cause to grant appellant's motion for belated brief. Counsel's fault is clear from the record and constitutes good cause

Summary of this case from Sey v. State

holding that appellate counsel's admitted failure to timely file the brief constituted good cause to grant motion for belated brief

Summary of this case from Mancia v. State

holding that appellate counsel's admitted failure to timely file the brief constituted good cause to grant appellant's motion for belated brief

Summary of this case from Pennington v. State

holding that appellate counsel's admitted failure to timely file the brief constituted good cause to grant motion for belated brief

Summary of this case from Roberts v. State

holding that appellate counsel's admitted failure to timely file the brief constituted good cause to grant appellant's motion for belated brief

Summary of this case from Turner v. State

holding that appellate counsel's admitted failure to timely file the brief constituted good cause to grant the motion for belated brief

Summary of this case from Kelley v. Norris

holding that appellate counsel's admitted failure to timely file the brief constituted good cause to grant appellant's motion for belated brief

Summary of this case from Loggins v. State

holding that appellate counsel's admitted failure to timely file the brief constituted good cause to grant motion for belated brief

Summary of this case from McLeod v. State

holding that appellate counsel's admitted failure to timely file the brief constituted good cause to grant motion for belated brief

Summary of this case from Travis v. State

holding that appellate counsel's admitted failure to timely file the brief constituted good cause to grant motion for belated brief

Summary of this case from Brewton v. State

holding that appellate counsel's admitted failure to timely file the brief constituted good cause to grant motion for belated brief

Summary of this case from Eubanks v. State

holding that appellate counsel's admitted failure to timely file the brief constituted good cause to grant motion for belated brief

Summary of this case from Johnson v. State

holding that appellate counsel's admitted failure to timely file the brief constituted good cause to grant motion for belated brief

Summary of this case from Brown v. State

holding that appellate counsel's admitted failure to timely file the brief constituted good cause to grant motion for belated brief

Summary of this case from Wertz v. State
Case details for

Strom v. State

Case Details

Full title:Donald STROM v. STATE of Arkansas

Court:Supreme Court of Arkansas

Date published: Feb 19, 2004

Citations

147 S.W.3d 689 (Ark. 2004)
147 S.W.3d 689

Citing Cases

Wertz v. State

However, good cause must be shown to grant the motion. See, e.g., Strom v. State, 356 Ark. 224, 147 S.W.3d…

Turner v. State

But good cause must be shown to grant the motion. See id.; see also Strom v. State, 356 Ark. 224, 147 S.W.3d…

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