Stewart v. State

Supreme Court of Arkansas

Stewart v. State

949 S.W.2d 893, 329 Ark. 502, 1997 Ark. LEXIS 473

Procedural entryThis page is a short order in Stewart v. State. Read the opinion of the Court — 331 Ark. 359 →

Supreme Court of Arkansas·Decided September 11, 1997·No. CR 97-942·Published

Opinion

Per Curiam.

The appellant, Sam Stewart, has filed a motion styled, “Motion to File Belated Appeal and for a Rule on the Clerk.” Mr. Stewart’s attorney, Robert E. Irwin, admits that the notice of appeal was untimely filed due to negligence on his part.

We find that such an error, admittedly made by the attorney for a criminal defendant, is good cause to treat this motion as one for belated appeal and grant the motion. See In Re: Belated Appeals in Criminal Cases, 265 Ark. 964 (1979) (per curiam). A copy of this opinion will be forwarded to the Committee on Professional Conduct.

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Per Curiam.

The appellant, Sam Stewart, has filed a motion styled, “Motion to File Belated Appeal and for a Rule on the Clerk.” Mr. Stewart’s attorney, Robert E. Irwin, admits that the notice of appeal was untimely filed due to negligence on his part.

We find that such an error, admittedly made by the attorney for a criminal defendant, is good cause to treat this motion as one for belated appeal and grant the motion. See In Re: Belated Appeals in Criminal Cases, 265 Ark. 964 (1979) (per curiam). A copy of this opinion will be forwarded to the Committee on Professional Conduct.

Stewart v. State, 949 S.W.2d 893, 329 Ark. 502, 1997 Ark. LEXIS 473 (Ark. 1997).

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