Singleton v. State
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SUPREME COURT OF ARKANSAS
No.
CR 09-176
Opinion Delivered MARCH 19, 2009
BRAD SINGLETON,
APPELLANT,
MOTION FOR RULE ON CLERK
VS.
STATE OF ARKANSAS,
APPELLEE,
GRANTED.
PER CURIAM
Appellant, Brad Singleton, by and through his attorney, Kathy L. Hall, has filed the
instant motion for rule on clerk. Singleton pleaded guilty to one count each of theft by
receiving and fleeing. A judgment and commitment order was entered on October 21, 2008.
Appellant filed a notice of appeal on November 12, 2008, making the record due in this court
by February 10, 2009. Appellant tendered the record here on February 23, 2009, and it was
rejected as untimely. Now, in seeking this court’s leave to file the record, Ms. Hall accepts
full responsibility for miscalculating the deadline for filing the record.
This court clarified its treatment of motions for rule on clerk 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.” Id. 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. at 116, 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
McDonald, 356 Ark. 106, 146 S.W.3d 883.
In accordance with McDonald, Ms. Hall has candidly admitted fault. The motion is,
therefore, granted, and a copy of this opinion will be forwarded to the Committee on
Professional Conduct.
Motion for rule on clerk granted.
-2-
CR 09-176
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