Moss v. State
Annotate this Case
Download PDF
SUPREME COURT OF ARKANSAS
No.
CR 09-390
Opinion Delivered MAY 14, 2009
JEFFERY MOSS,
APPELLANT,
VS.
STATE OF ARKANSAS,
MOTION FOR LEAVE TO PROCEED
IN FORMA PAUPERIS AND FOR
AP PO IN T M EN T O F CO U N SEL;
MOTION FOR BELATED APPEAL
APPELLEE,
MOTIONS GRANTED.
PER CURIAM
Appellant Jeffrey Moss has filed simultaneous motions, one seeking to file a belated
appeal and the other seeking leave to proceed in forma pauperis and for appointment of
counsel. Moss was convicted of one count of rape and sentenced to a term of 120 months’
imprisonment. A timely notice of appeal was filed on January 14, 2008, but Moss’s appeal
was never perfected. Scott Adams, who represented Moss at trial, has filed an affidavit
admitting fault for failing to perfect the appeal.
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:
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 or she has erred and is responsible for the failure to perfect the appeal. See id.
When it is plain from the motion, affidavits, and record that relief is proper under either rule
based on error or good reason, the relief will be granted. See id. If there is attorney error, a
copy of the opinion will be forwarded to the Committee on Professional Conduct. See id.
It is plain from the record that Mr. Adams was at fault for failing to perfect Moss’s
appeal. Pursuant to McDonald, we grant the motion for belated appeal and relieve Mr. Adams
as counsel of record for Moss. Furthermore, pursuant to Ark. R. App. P.–Crim. 16, Craig
Lambert is hereby appointed to represent Moss as he pursues his appeal. Finally, Moss
contends that he is indigent and an affidavit in support of his request to proceed in forma
pauperis is attached to the motion. As the State has not contested that assertion, we grant the
motion to proceed in forma pauperis. A copy of this opinion shall be forwarded to the
Committee on Professional Conduct.
Motion for belated appeal granted; motion for leave to proceed in forma pauperis and
for appointment of counsel granted.
-2-
CR 09-390
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
