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Whitney v. State

Supreme Court of Arkansas
Oct 22, 1998
976 S.W.2d 391 (Ark. 1998)

Summary

granting request for belated appeal from denial of postconviction relief where appellant's attorney accepted full responsibility for untimely filing

Summary of this case from In re Babson

Opinion

CR 98-922

Opinion delivered October 22, 1998

APPEAL ERROR — MOTION FOR BELATED APPEAL — GOOD CAUSE FOR GRANTING. — An admission by an attorney for a criminal defendant that the notice of appeal was not timely filed due to a mistake on his or her part is good cause to grant a motion for belated appeal.

Motion for Belated Appeal; granted.

Marsha Basinger, for appellant.

No response.


Appellant Donnie Whitney filed a motion for belated appeal from the order denying his motion for postconviction relief pursuant to A.R.Cr.P. Rule 37. We previously denied the motion because Appellant's attorney, Marsha Basinger, did not admit fault in failing to timely file the notice of appeal. See Whitney v. State, 334 Ark. 241, 973 S.W.2d 481 (1998) ( per curiam). We indicated, however, that we would grant the motion if Appellant's attorney filed within thirty days a motion and affidavit accepting full responsibility for not timely filing the notice of appeal. Appellant's attorney has assumed full responsibility for the error in an amended motion filed on October 5, 1998.

[1] We find that such error, admittedly made by the attorney for a criminal defendant, is good cause to grant the motion. See Johnson v. State, 332 Ark. 78, 959 S.W.2d 54 (1998) ( per curiam); In Re: Belated Appeals in Criminal Cases, 265 Ark. 964 (1979) ( per curiam). A copy of this per curiam will be forwarded to the Committee on Professional Conduct. See Harkness v. State, 264 Ark. 561, 572 S.W.2d 835 (1978).


Summaries of

Whitney v. State

Supreme Court of Arkansas
Oct 22, 1998
976 S.W.2d 391 (Ark. 1998)

granting request for belated appeal from denial of postconviction relief where appellant's attorney accepted full responsibility for untimely filing

Summary of this case from In re Babson

granting belated appeal from denial of post-conviction relief where attorney admitted fault in failing to timely file notice of appeal

Summary of this case from Moore v. Com
Case details for

Whitney v. State

Case Details

Full title:Donnie WHITNEY v . STATE of Arkansas

Court:Supreme Court of Arkansas

Date published: Oct 22, 1998

Citations

976 S.W.2d 391 (Ark. 1998)
976 S.W.2d 391

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