Home/Supreme Court of Arkansas/Harkness v. State

Harkness v. State

572 S.W.2d 835, 264 Ark. 561, 1978 Ark. LEXIS 2152
Supreme Court of Arkansas·Decided November 13, 1978·No. CR 78-107·Published·Cited by 52 cases

Opinions

Conley Byrd, Justice.

This is a motion by petitioner Alfred D. Harkness for a rule on the Clerk to file a record tendered two days late — i.e. on the 92nd day. Attached to the motion is the affidavit of Frank C. Elcan II, the Deputy Public Defender for Crittenden County from which it appears that he, as attorney for Petitioner, had inadvertently miscalculated the 90 day limit for filing appeals in this Court. The authorities Blanchard v. Brewer, 429 F. 2d 89 (8th Cir. 1970), hold that the denial of an appeal for such causes amounts to a denial of a constitutional right, on the theory that such a miscalculation, although honestly made, amounts to ineffective assistance of counsel.

The State has not controverted the affidavit of Frank C. Elcan II. Consequently, we must accept the assertions in the affidavit as true for purpose of hearing this motion.

Since to deny the Motion for a Rule on the Clerk would furnish grounds for Petitioner to obtain a new trial in a post-conviction proceeding, we as a pragmatical matter must grant the motion to docket the record as a belated appeal.

Rule granted.

Hickman, J., dissents.

Free access — add to your briefcase to read the full text and ask questions with AI

Harkness v. State, 572 S.W.2d 835, 264 Ark. 561, 1978 Ark. LEXIS 2152 (Ark. 1978).

572 S.W.2d 835 (Harkness v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

McDonald v. State
146 S.W.3d 883 (Supreme Court of Arkansas, 2004)
Wright v. State
114 S.W.3d 204 (Supreme Court of Arkansas, 2003)
Tarry v. State
114 S.W.3d 161 (Supreme Court of Arkansas, 2003)
Ervin v. State
102 S.W.3d 501 (Supreme Court of Arkansas, 2003)
Venis v. State
84 S.W.3d 867 (Supreme Court of Arkansas, 2002)
Brown v. State
64 S.W.3d 274 (Supreme Court of Arkansas, 2002)
Ross v. State
53 S.W.3d 519 (Supreme Court of Arkansas, 2001)
Johnson v. State
28 S.W.3d 286 (Supreme Court of Arkansas, 2000)
Donald v. State
20 S.W.3d 331 (Supreme Court of Arkansas, 2000)
Slack v. State
3 S.W.3d 291 (Supreme Court of Arkansas, 1999)
Slaughter v. State
992 S.W.2d 802 (Supreme Court of Arkansas, 1999)
Hussey v. State
983 S.W.2d 438 (Supreme Court of Arkansas, 1999)
Davis v. State
983 S.W.2d 122 (Supreme Court of Arkansas, 1998)
Turner v. State
976 S.W.2d 955 (Supreme Court of Arkansas, 1998)
Jones v. State
976 S.W.2d 391 (Supreme Court of Arkansas, 1998)
Whitney v. State
976 S.W.2d 391 (Supreme Court of Arkansas, 1998)
Vaughn v. State
970 S.W.2d 816 (Supreme Court of Arkansas, 1998)
Ingram v. State
955 S.W.2d 186 (Supreme Court of Arkansas, 1997)
Hills v. State
947 S.W.2d 14 (Supreme Court of Arkansas, 1997)
Mixon v. State
944 S.W.2d 829 (Supreme Court of Arkansas, 1997)