Runion v. State
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Cite as 2011 Ark. 131
SUPREME COURT OF ARKANSAS
No.
CR11-235
Opinion Delivered 3-31-11
DEWANA DIONE RUNION,
APPELLANT,
MOTION FOR BELATED APPEAL
VS.
STATE OF ARKANSAS,
APPELLEE,
MOTION GRANTED.
PER CURIAM
On January 24, 2011, the appellant was found to have violated the conditions of her
probation in the matter of State of Arkansas v. Runion, Drew County, Arkansas, No. CR2009-005-3. An order was entered in the Circuit Court of Drew County on the same date.
Although appellant requested her attorney to pursue an appeal, appellant’s counsel, Julia K.
Hudson, “miscalculated the days within which to file the appeal.”
Belated appeals in criminal cases are governed by Rule 2(e) of the Arkansas Rules of
Appellate Procedure-Criminal, which provides in pertinent part:
The Supreme Court may act upon and decide a case in which the notice of appeal was
not given or the transcript of the trial record was not filed in the time prescribed, when
a good reason for the omission is shown by affidavit. However, no motion for belated
appeal shall be entertained by the Supreme Court unless application has been made to
the Supreme Court within eighteen (18) months of the date of entry of judgment or
entry of the order denying postconviction relief from which the appeal is taken.
Ark. R. App. P.-Crim. 2(e) (2010).
Cite as 2011 Ark. 131
Further, in McDonald v. State, 356 Ark. 106, 146 S.W.3d 883 (2004), we explained that
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 we no longer require an affidavit admitting fault, an attorney should candidly
admit fault in the motion when error is the cause of the failure to perfect the appeal. Trotter v.
State, 2011 Ark. 116.
Ms. Hudson has complied with this court’s rules by timely filing the motion for belated
appeal within eighteen (18) months from the date of the entry of judgment. She also admits
fault for failing to timely file a notice of appeal. For these reasons, the motion is granted. A
copy of this opinion will be forwarded to the Committee on Professional Conduct.
Motion for belated appeal granted.
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