Gooden v. State

Summary

The Arkansas Supreme Court held that attorney Gene McKissic failed to comply with the deadline for filing Brian Gooden’s appellate brief. Although the court recognized mitigating circumstances arising from the attorney-client relationship, it found McKissic in contempt, imposed a $250 fine, directed the clerk to file the brief, and referred the order to the Professional Conduct Committee.

Holdings

1. Counsel's failure to comply with the Supreme Court's order requiring him to file the appellant's brief by February 27, 2002, constituted contempt of court.
2. Counsel's mistake and the communication problems with the appellant warranted consideration in mitigation but did not excuse the failure to comply with the court's filing deadline.

Questions Presented

1. Whether appellate counsel's failure to comply with the court's order requiring timely filing of the appellant's brief constituted contempt of court.
2. Whether counsel's mistake and difficult relationship with the appellant warranted mitigation of the contempt sanction.

Disposition

other