Crippen v. State

Summary

The Supreme Court of Arkansas granted James Edward Crippen’s motion for rule on clerk, allowing his criminal appeal to proceed despite the untimely filing of the appellate record. The court held that the record was due seven months after the sentencing order and that counsel had erred by failing to timely lodge it.

Holdings

1. Under Arkansas Rule of Appellate Procedure-Criminal 4(c)(2), the time for filing the record may not be extended more than seven months from the date of entry of the judgment or order, or from the date a timely post-judgment motion is deemed disposed of, whichever is later.
2. The court granted the motion for rule on clerk because, although the record was untimely due to counsel's error, a criminal defendant should not be deprived of consideration of his first appeal based on counsel's failure to follow appellate rules.

Questions Presented

1. Whether the circuit court could extend the time for filing the appellate record beyond seven months from the entry of the sentencing order.
2. Whether the Supreme Court should grant a motion for rule on clerk when the record was not timely lodged because of appellant's counsel's error, so that a criminal defendant's first appeal could proceed.

Disposition

writ_granted