Wann v. State, 369 Ark. 426

Summary

The Supreme Court of Arkansas granted Robert L. Wann's motion to file a belated return and granted his request for a belated appeal from an order revoking his suspended sentence. The court found that appointed counsel was responsible for failing to perfect the appeal, referred the matter to the Committee on Professional Conduct, and granted counsel's motion to withdraw. Substitute counsel was appointed and given 35 days to file the abstract and brief.

Holdings

1. The court granted Wann's motion to file the circuit court's findings belatedly.
2. A belated appeal was warranted because counsel candidly admitted fault for failing to perfect Wann's appeal.
3. An attorney who represents a criminal defendant remains obligated to perfect the appeal and lodge the record until relieved by the appropriate court, and may not abandon the appeal without being relieved.
4. Joplin was permitted to withdraw because the law had changed to authorize compensation for qualifying appellate work by full-time public defenders, and Joplin's motion stated that he had a full-time, state-funded secretary.

Questions Presented

1. Whether Wann should be permitted to file a belated return of the circuit court's findings after the circuit court's delayed submission.
2. Whether Wann was entitled to a belated appeal when appointed counsel admitted fault for failing to perfect the appeal.
3. Whether full-time, state-salaried public defender John Joplin could withdraw from the appeal under the changed Arkansas compensation statute.

Disposition

other