Sevier v. State
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Slip Opinion
Cite as 2010 Ark. 319
SUPREME COURT OF ARKANSAS
No.
CR09-1396
Opinion Delivered August
6, 2010
MOTION TO FILE BELATED BRIEF.
TOMMY SEVIER,
APPELLANT,
VS.
STATE OF ARKANSAS,
APPELLEE,
GRANTED.
PER CURIAM
Appellant Tommy Sevier, by and through his counsel, Jonathan T. Lane, moves this
court to file a belated brief. After a final extension of time was granted by this court, Sevier’s
brief was due on March 25, 2010. On March 26, 2010,1 counsel tendered the brief to this
court and moved for another extension of time. That motion was denied. The instant motion
was filed on June 16, 2010.
We will accept a criminal appellant’s belated brief to prevent an appeal from being
aborted. See Brewton v. State, 375 Ark. 364, 290 S.W.3d 605 (2009) (per curiam). But good
cause must be shown to grant the motion. See id.; see also Strom v. State, 356 Ark. 224, 147
S.W.3d 689 (2004) (holding that appellate counsel’s admitted failure to timely file the brief
1
The clerk of this court informed counsel on March 26, 2010, that he was delinquent
in the payment of his bar dues; counsel made payment that same day.
Slip Opinion
constituted good cause to grant appellant’s motion for belated brief). While counsel Lane
does not admit fault, his fault is clear from the record and constitutes good cause. See, e.g.,
Young v. State, 372 Ark. 219, 272 S.W.3d 109 (2008) (per curiam). Accordingly, we grant
the instant motion and refer the matter to the Committee on Professional Conduct.
Motion granted.
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