SUPREME COURT OF ARKANSAS
No. CR-15-880
ANNA CHRISTINE CHILDERS Opinion Delivered December 3, 2015
APPELLANT
AMENDED MOTION FOR RULE
V. ON CLERK
STATE OF ARKANSAS
APPELLEE MOTION GRANTED.
PER CURIAM
Appellant Anna Christine Childers, by and through her attorney, has filed an amended
motion for rule on clerk. Her attorney, Philip C. Wilson, states in the motion that the record
has not been timely lodged due to a mistake on his part.
This court clarified its treatment of motions for rule on clerk and motions for belated
appeals in McDonald v. State,
(2004). There we said that there
are only two possible reasons for an appeal not being timely perfected: either the party or
attorney filing the appeal is at fault, or, there is “good reason.”
. We explained as follows:
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.
Cite as
(footnote omitted). While this court no longer requires an
affidavit admitting fault before we will consider the motion, an attorney should candidly admit
fault when he has erred and is responsible for the failure to perfect the appeal. See
, Mr. Wilson has
candidly admitted fault. The motion is therefore granted. A copy of this opinion will be
forwarded to the Committee on Professional Conduct.
Motion granted.
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