Menne v. State
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Cite as 2011 Ark. 225
SUPREME COURT OF ARKANSAS
No.
CR10-1304
LESA DIANE MENNE,
Opinion Delivered
APPELLANT,
May 19, 2011
MOTION TO FILE BELATED BRIEF
VS.
STATE OF ARKANSAS,
APPELLEE,
GRANTED.
PER CURIAM
Appellant Lesa Diane Menne, by and through her attorney, Richard Jarboe, moves this
court to file a belated supplemental response brief. On January 20, 2011, this court granted
a petition for review filed by the State of Arkansas, the appellee. The State then filed a motion
to file a supplemental brief which was granted on February 3, 2011. The State’s supplemental
brief was filed on February 22, 2011. Menne untimely tendered her supplemental response
brief to this court’s clerk on March 9, 2011. Her brief was due on March 4, 2011, pursuant
to Ark. Sup. Ct. R. 2-4(f).
We will accept a criminal appellant’s belated responsive brief; however, good cause
must be shown to grant the motion. See, e.g., Strom v. State, 356 Ark. 224, 147 S.W.3d 689
(2004). We have held that an appellate counsel’s admitted failure to timely file a brief
constitutes good cause to grant an appellant’s motion for a belated brief. See id. While Mr.
Jarboe does not admit fault, his fault is clear from the record and constitutes good cause. See,
Cite as 2011 Ark. 225
e.g., Young v. State, 372 Ark. 219, 272 S.W.3d 109 (2008) (per curiam). Accordingly, we grant
the instant motion and refer the matter to the Committee on Professional Conduct.
Motion granted.
HENRY, J., not participating.
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