Jeremy Michael Richie v. State of Arkansas
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SUPREME COURT OF ARKANSAS
No.
CR08-793
JEREMY MICHAEL RICHIE,
APPELLANT,
Opinion Delivered September
4, 2008
MOTION FOR BELATED APPEAL
VS.
STATE OF ARKANSAS,
APPELLEE,
GRANTED.
PER CURIAM
Appellant Jeremy Michael Richie, by and through his attorney, has filed a motion for
belated appeal. His attorney, Lynn F. Plemmons, states in the motion that the Notice of
Appeal was filed late due to a mistake on his part. The Judgment and Commitment Order
entered on March 14, 2008, incorrectly listed Stephen Ralph as Appellant’s attorney. The
Judgment and Commitment Order was not forwarded to Mr. Plemmons.
Appellant
communicated his desire to appeal his revocation to Mr. Plemmons by letter. The letter
requesting appeal was mislaid in the attorney’s office. The Notice of Appeal was filed on April
16, 2008. A Notice of Appeal is to be filed within thirty (30) days of from the date of entry
of a judgment as required by Arkansas Rules of Appellate Procedure-Rule 2(a)(1).
This court clarified its treatment of motions for rule on clerk and motions for
belated appeals in McDonald v. State, 356 Ark. 106, 146 S.W.3d 883 (2004). There we
said that there are only two possible reasons for an appeal not being timely perfected:
either the party or attorney filing the appeal is at fault, or, there is “good reason.” 356
Ark. at 116, 146 S.W.3d at 891. We explained:
Where an appeal is not timely perfected, either the party or attorney filing
the appeal is at fault, or there is good reason that the appeal was not timely
perfected. The party or attorney filing the appeal is therefore faced with two
options. First, where the party or attorney filing the appeal is at fault, fault
should be admitted by affidavit filed with the motion or in the motion itself.
There is no advantage in declining to admit fault where fault exists. Second,
where the party or attorney believes that there is good reason the appeal was
not perfected, the case for good reason can be made in the motion, and this
court will decide whether good reason is present.
Id., 146 S.W.3d at 891 (footnote omitted). While this court no longer requires an affidavit
admitting fault before we will consider the motion, an attorney should candidly admit fault
where he has erred and is responsible for the failure to perfect the appeal. See id.
In accordance with McDonald v. State, supra, Mr. Plemmons has candidly admitted
fault. The motion is, therefore, granted. A copy of this opinion will be forwarded to the
Committee on Professional Conduct.
Motion granted.
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