Woodruff v. State

Darren WOODRUFF v. STATE of Arkansas

CR 96-90                                           ___ S.W.2d ___

                    Supreme Court of Arkansas
               Opinion delivered February 12, 1996


Appeal & error -- motion for rule on clerk treated as motion for
     belated appeal -- good cause for granting. -- Where the Clerk
     refused to docket the record because the notice of appeal was
     late, the supreme court treated the motion for rule on the
     clerk as a motion for belated appeal; failure of counsel to
     perfect an appeal for a defendant who wishes to appeal
     constitutes ineffective assistance of counsel, and good cause
     for granting a belated appeal pursuant to Ark. R. Crim. P.
     36.9(e); the motion was granted.


     Motion for Belated Appeal; granted.
     Maxie G. Kizer, for appellant.
     No response.

     Per Curiam.2/12/96    *ADVREP18*



                                    CR96-90 

 
DARREN WOODRUFF        
 
          Appellant 
 
     v. 

 
STATE OF ARKANSAS                  Motion for Belated Appeal 
 
 
          Appellee                 Motion granted 






                           Per Curiam.


    Appellant, Darren Woodruff, by his attorney, Maxie G. Kizer,
has filed a motion for rule on the clerk.  The Clerk refused to
docket the record concerning Mr. Woodruff's conviction because it
revealed that the notice of appeal was late.  We treat the motion
for rule on the clerk as a motion for belated appeal in this
circumstance.
     Failure of counsel to perfect an appeal for a defendant who
wishes to appeal constitutes ineffective assistance of counsel, and
good cause for granting a belated appeal pursuant to Ark. R. Crim.
P. 36.9(e).
     A copy of this opinion will be sent to the Committee on
Professional Conduct.