Strom v. State
| Decision Date | 19 February 2004 |
| Docket Number | No. CR 03-743.,CR 03-743. |
| Citation | 356 Ark. 224,147 S.W.3d 689 |
| Parties | Donald STROM v. STATE of Arkansas. |
| Court | Arkansas Supreme Court |
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.
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.
To continue reading
Request your trial
-
Tyson Foods, Inc. v. Archer
... ... properly house and nourish the swine until such time that they were ready to be shipped to "finishing" plants, which were located outside the State. Appellants, however, retained title to the swine at all times ... Due to a decrease in profitability in the pork market in this ... ...
-
Wertz v. State
... ... We will accept a criminal appellant's belated brief to prevent an appeal from being aborted. See Stewart v. State, 319 Ark. 242, 889 S.W.2d 771 (1995). However, good cause must be shown to grant the motion. See, e.g., Strom v. State, 356 Ark. 224, 147 S.W.3d 689 (2004) (per curiam) (holding that appellate counsel's admitted failure to timely file the brief constituted good cause to grant motion for belated brief); Brown v. State, 347 Ark. 362, 64 S.W.3d 274 (2002) (per curiam) (holding that attorney's admitted error ... ...
-
ROBERTS v. State of Ark.
...v. State, 319 Ark 242, 889 S.W.2d 771 (1995). However, good cause Page 2must be shown to grant the motion. See, e.g., Strom v. State, 356 Ark. 224, 147 S.W.3d 689 (2004) (per curiam) (holding that appellate counsel's admitted failure to timely file the brief constituted good cause to grant ......
-
Brown v. State, CR 08-127.
...Ark. 242, 889 S.W.2d 771 (1995)). However, good cause must be shown to grant the motion. Wertz, supra (citing Strom v. State, 356 Ark. 224, 147 S.W.3d 689 (2004) (per curiam) (holding that appellate counsel's admitted failure to timely file the brief constituted good cause to grant motion f......