Thomas Whitt v. State of Arkansas

2025 Ark. App. 588

Opinion

Cite as 2025 Ark. App. 588 ARKANSAS COURT OF APPEALS No. CR-25-709

THOMAS WHITT Opinion Delivered December 3, 2025 APPELLANT

APPEAL FROM THE SEVIER

V. COUNTY CIRCUIT COURT [NO. 67CR-24-25]

STATE OF ARKANSAS APPELLEE HONORABLE BRYAN CHESSHIR, JUDGE

MOTION FOR RULE ON CLERK

CONCURRING OPINION

BRANDON J. HARRISON, Judge Dear Criminal Defense Lawyers: Please Do Better. The lack of care shown to jurisdictional details, like the rather mundane but critical task of filing a record on appeal on time, is ballooning to the point of bursting. Just look at a few months’ worth of the syllabi, and the case is made. Examine closely two years’ worth of syllabi and one can justifiably wonder what took a judge so long to speak up.

A second concern that is occurring more frequently is the failure to file a timely notice of appeal when directed to do so. Most failures to complete these professional obligations are not egregious—but rest assured an increasing number of them are so; and they surely prejudice defendants who have a right to a timely direct appeal. Referrals to the appropriate authority will increase if this trend is not arrested, and quickly so. You are on notice.

I take no pleasure in this opinion; but my duty (as I see it anyway) demands that I communicate loudly and clearly enough to, hopefully, make a difference. For everyone’s sake. Having said all this, I join the court’s decision to grant the motion for rule on clerk.