Doris M. FRANKLIN v. STATE of Arkansas
Supreme Court of Arkansas
Opinion delivered May 11, 2006
MOTIONS – MOTION FOR BELATED APPEAL GRANTED.– There was not good reason for
failure to perfect the appeal where appellant’s attorney stated in the belated-appeal
motion that the notice of appeal inadvertently failed to include reference to the order
denying the motion for new trial.
Appellant’s Motion for Belated Appeal Regarding Posttrial Motion; granted.
Dunham & Faught, P.A., by: James Dunham, for appellant.
PER CURIAM. Appellant Doris M. Franklin, by and through her attorney, has filed a
motion for a belated appeal of her posttrial motion. Her attorney, James Dunham, states in
the belated-appeal motion that the notice of appeal inadvertently failed to include reference
to the order denying the motion for new trial.
This court clarified its treatment of motions for rule on clerk and motions for belated
appeals in McDonald v. State, 356 Ark. 106, 146 S.W.3d 883 (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.” 356 Ark. at 116, 146
FRANKLIN v. STATE
Cite as 366 Ark. ___ (2006)
S.W.3d at 891. We explained:
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.
Id., 146 S.W.3d at 891 (footnote omitted). While this court no long