M.H., a Juvenile v. State of Arkansas
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SUPREME COURT OF ARKANSAS
No.
08-312
M.H., A JUVENILE,
Opinion Delivered
September 4, 2008
PETITIONER,
MOTION FOR BELATED APPEAL
AND MOTION FOR ANONYMITY
VS.
STATE OF ARKANSAS,
RESPONDENT,
MOTIONS GRANTED.
PER CURIAM
1.
MOTIONS
FOR BELATED APPEAL AND ANONYMITY
GRANTING THE MOTION FOR BELATED APPEAL.–
–
GOOD CAUSE EXISTED FOR
The trial court’s finding that there
was insufficient evidence that petitioner was properly advised of his right to appeal
by his former attorney was good cause for granting the motion for belated appeal, and
the appeal was granted; the motion for anonymity was also granted.
Motion for Belated Appeal and Motion for Anonymity; motions granted.
Law Offices of Craig L. Cook, for appellant.
No response.
Petitioner M.H. filed a motion for belated appeal and motion for anonymity with this
court after he was found guilty of rape and adjudicated delinquent by the Franklin County
Circuit Court. This court remanded the matter to the trial court for an evidentiary hearing
to determine whether Petitioner notified his trial counsel, William M. Pearson, of his desire
for an appeal within the time allowed for the filing of a notice of appeal. See M.H. v. State,
373 Ark. 112, ___ S.W.3d ___ (2008) (per curiam). We directed the trial court to enter
Findings of Fact and Conclusions of Law and to submit such findings and conclusions with
a transcript of the evidentiary hearing.
Following the evidentiary hearing, the trial court entered an order on June 23, 2008,
finding that there was insufficient evidence to conclude that Petitioner was given proper
notice of his right to appeal. The trial court also relieved Mr. Pearson as counsel, and
appointed the Law Offices of Craig L. Cook to represent Petitioner for purposes of filing an
appeal.
[1] Now that the record is settled, we may consider Petitioner’s motion for belated
appeal. We hold that the trial court’s finding that there was insufficient evidence that
Petitioner was properly advised of his right to appeal by Mr. Pearson is good cause for
granting the motion for belated appeal, and grant the appeal. See McDonald v. State, 356 Ark.
106, 146 S.W.3d 883 (2004). The motion for anonymity is also granted. A copy of this
opinion, along with a copy of the trial court’s findings and transcript, will be forwarded to the
Committee on Professional Conduct for any necessary action because of Mr. Pearson’s
handling of this case.
Motion for belated appeal granted; motion for anonymity granted.
-2-
08-312
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