Flannery v. Arkansas Department of Health & Human Services

368 Ark. 31 (2006) (Ark. 2006) · Supreme Court of Arkansas · November 9, 2006 · No. No. 06-1081

Summary

The Supreme Court of Arkansas granted Kelly Flannery’s motion for a belated appeal from an order terminating his parental rights. The court held that counsel’s failure to notify Flannery of his right to appeal constituted good reason for permitting the late appeal and set a deadline for filing the appellate record.

Holdings

  1. A trial court's finding that counsel failed to inform a party of the right to appeal an order terminating parental rights constitutes good reason to grant a motion for belated appeal.

Questions Presented

  1. Whether the appellant had good reason for failing to timely perfect an appeal from an order terminating his parental rights.
  2. Whether the absence of notice of the right to appeal justified granting a motion for belated appeal.

Disposition

other

Cases Cited (3)

  • Flannery v. Arkansas Department of Health & Human Services, 367 Ark. 473, 241 S.W.3d 251 (2006) (per curiam)(prior proceeding)
  • McDonald v. State, 356 Ark. 106, 146 S.W.3d 883 (2004)(followed)
  • Tyler v. Arkansas Department of Human Services, 366 Ark. 413, 235 S.W.3d 901 (2006) (per curiam)(followed)

Cited In (0)

No citing cases on record yet.

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