Sellers v. State (Majority)
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Appellant William J. Sellers, by and through his attorney, Andrew L. Clark, filed a motion for rule on clerk. Appellant's attorney accepted fault and stated in the motion that the clerk's office rejected Appellant's record due to an untimely notice of appeal. The Supreme Court, therefore, treated Appellant's motion as one for belated appeal. After acknowledging that Appellant's attorney admitted fault, the Supreme Court held that in accordance with McDonald v. State the motion should be granted because Appellant's attorney was responsible for the failure for Appellant to perfect his appeal. The Court also noted that a copy of the opinion would be forwarded to the Committee on Professional Conduct.
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