SUPREME COURT OF ARKANSAS
No. CR-14-965
WENDIE COX Opinion Delivered February 5, 2015
APPELLANT
MOTION TO FILE BELATED BRIEF
V.
STATE OF ARKANSAS MOTION GRANTED.
APPELLEE
PER CURIAM
Appellant Wendie Cox, by and through her attorney, Jeffery H. Kearney, has filed a
motion to file a belated brief. In this motion, counsel also seeks an extension of time in which
to submit appellant’s opening brief.
On November 12, 2014, counsel lodged the record with our clerk, making appellant’s
brief due for filing on December 22, 2014. Ark. Sup. Ct. R. 4-3(a) (2014). However,
counsel failed to file appellant’s brief on that date, nor did counsel request in advance an
extension of time in which to file the brief. In the pending motion, counsel accepts full
responsibility for having failed to timely file the brief.
This court will accept a criminal appellant’s belated brief to prevent an appeal from
being aborted. Thompson v. State,
(2004) (per curiam) (holding that appellate counsel’s
admitted failure to timely filed the brief constitutes good cause to grant a motion for belated
Cite as
brief)).
Counsel’s admission of fault for failing to file appellant’s brief on time is good cause to
permit the filing of a belated brief. Accordingly, we grant appellant’s motion and also grant
a final extension for the brief to be filed on or before February 9, 2015.
A copy of this order will be forwarded to the Committee on Professional Conduct.
Motion granted.
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