Sam STEWART v. STATE of Arkansas
CR 97-942 ___ S.W.2d ___
Supreme Court of Arkansas
Opinion delivered September 11, 1997
Appeal & error -- motion for rule on clerk treated as motion for belated
appeal -- good cause for granting. -- An admission by an attorney
for a criminal defendant that the notice of appeal was
untimely filed due to negligence on his part is good cause to
treat a motion for rule on the clerk as one for belated appeal
and to grant the motion.
Motion for Belated Appeal and Rule on the Clerk Treated as
Motion for Belated Appeal; granted.
Irwin Law Firm, by: Robert E. Irwin, for appellant.
The appellant, Sam Stewart, has filed a motion styled, "Motion
to File Belated Appeal and for a Rule on the Clerk." Mr. Stewart's
attorney, Robert E. Irwin, admits that the notice of appeal was
untimely filed due to negligence on his part.
We find that such an error, admittedly made by the attorney
for a criminal defendant, is good cause to treat this motion as one
for belated appeal and grant the motion. See In Re: Belated
Appeals in Criminal Cases, 265 Ark. 964 (1979) (per curiam). A
copy of this opinion will be forwarded to the Committee on