Stewart v. State

Supreme Court of Arkansas

Stewart v. State

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

CourtSupreme Court of Arkansas

DecidedSeptember 11, 1997

DocketCR 97-942

StatusPublished

This text of 949 S.W.2d 893 (Stewart v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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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.

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Bluebook (online)

949 S.W.2d 893, 329 Ark. 502, 1997 Ark. LEXIS 473, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stewart-v-state-ark-1997.