Smith v. State
Annotate this CaseJoel P. SMITH v. STATE of Arkansas CR 96-261 ___ S.W.2d ___ Supreme Court of Arkansas Opinion delivered March 18, 1996 Appeal & error -- motion for belated appeal -- good cause for granting. -- An admission by the attorney for a criminal defendant that the failure to file the record in time was due to a mistake on his part is good cause to grant a motion for belated appeal. Motion for Belated Appeal; granted. Robert S. Tschiemer, for appellant. No response. Per Curiam.March 18, 1996 *ADVREP14* JOEL P. SMITH, APPELLANT, V. STATE OF ARKANSAS, APPELLEE. CR96-261 MOTION FOR BELATED APPEAL, MOTION GRANTED. Per Curiam. Appellant, Joel P. Smith, by his attorney, has filed for a belated appeal. His attorney, Robert S. Tschiemer, admits that the failure to file the record in time was due to a mistake on his part. We find that such an error, admittedly made by the attorney for a criminal defendant, is good cause to grant the motion. See our Per Curiam opinion dated February 5, 1979, In re Belated Appeals in Criminal Cases, 265 Ark. 964. A copy of this opinion will be forwarded to the Committee on Professional Conduct.
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