Rickey Brooks v. State of Arkansas (Dissenting)

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Cite as 2018 Ark. 247 SUPREME COURT OF ARKANSAS No. CR-18-360 RICKEY BROOKS Opinion Delivered: August 2, 2018 APPELLANT APPEAL FROM THE BRADLEY COUNTY CIRCUIT COURT [NO. 06CR-93-104] V. STATE OF ARKANSAS HONORABLE STEVEN PORCH, JUDGE APPELLEE DISSENTING OPINION. JOSEPHINE LINKER HART, Associate Justice I would grant Brooks’s “Motion for Reconsideration” of this court’s decision to deny his request for an extension of time to file his appeal. Attached to Brooks’s motion is a letter from the Bradley County Circuit Clerk averring that Brooks did “all he could and in a timely manner to have his appeal” considered by this court. The State has not filed any response. Based on the record before us, Brooks has established good cause for his failure to timely file the necessary documents for his appeal. Compare O’Neal v. State, 2016 Ark. 94, 484 S.W.3d 671 (no good cause for allowing untimely appeal where petitioner had made no effort to stay apprised of the status of his case). Accordingly, I dissent from the majority’s decision to deny Brooks’s motion.

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