Steven Lee Smith v. State of Arkansas, 372 Ark. 217

Summary

The Supreme Court of Arkansas granted Steven Lee Smith's motion for rule on clerk after his attorney candidly admitted responsibility for failing to timely perfect the appeal. The court applied McDonald v. State and directed that a copy of the opinion be forwarded to the Committee on Professional Conduct.

Holdings

1. When an appeal is not timely perfected because the attorney is at fault, the attorney should candidly admit fault, and the Supreme Court may grant the motion for rule on clerk.
2. The court did not decide whether the record-filing period could be calculated from the amended judgment because counsel alternatively admitted fault, providing a sufficient basis to grant the motion.

Questions Presented

1. Whether the Supreme Court of Arkansas should grant a motion for rule on clerk when counsel admits fault for failing to timely perfect the appeal.
2. Whether the time for lodging the appellate record under Arkansas Rule of Appellate Procedure–Civil 5(b)(2) could be calculated from the date of the amended judgment and commitment order.

Disposition

other