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346 Ark. 159

Duke v. State

Supreme Court of Arkansas

Decided September 27, 2001

Supreme Court of Arkansas · decided 2001-09-27

Relies on Rogers v. State · Courtney v. State · Jacks v. State

Decided 2001-09-27

Per Curiam.

¶1Appellant, Benjamin C. Duke, by and through his attorney, Bryan Christian, has filed a motion to file a belated appeal. His attorney accepts responsibility for the untimeliness in filing a notice of appeal and states in his motion that the notice of appeal was tendered late due to a mistake on his part. We find that such error, admittedly made by an attorney for a criminal defendant, is good cause to grant the motion. See In Re Belated Appeals in Criminal Cases, 265 Ark. 964 (1979) (per curiam); Jacks v. State, 344 Ark. 405, 39 S.W.3d 798 (2001).

¶2 Appellant’s motion is granted. A copy of this per curiam will be forwarded to the Committee on Professional Conduct.

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