Thompson v. State

Summary

The Supreme Court of Arkansas considered Donald Thompson's motion for a belated appeal after his notice of appeal was filed beyond the applicable deadline. Because the motion raised factual questions concerning Thompson's alleged inability to communicate with counsel while in administrative lockdown, the court remanded for an evidentiary hearing and factual findings.

Holdings

1. The Supreme Court of Arkansas could not determine from the motion, affidavits, and record whether Thompson's failure to timely appeal resulted from good cause or attorney error because the allegations raised disputed factual questions.
2. The matter was remanded to the Carroll County Circuit Court for an evidentiary hearing and findings detailing when and whether Thompson was placed in administrative lockdown and prohibited from communicating with anyone, including his attorney.

Questions Presented

1. Whether Thompson established good cause for allowing a belated appeal under Arkansas Rule of Appellate Procedure–Criminal 2(e).
2. Whether unresolved factual allegations concerning Thompson's alleged administrative lockdown and inability to communicate with counsel required remand to the circuit court for an evidentiary hearing and findings of fact.

Disposition

remanded