Coakes v. State
2013 Ark. 325
| Ark. | 2013Background
- Appellant Demarlon Coakes filed a timely notice of appeal after his 2012 sentencing order.
- Coakes filed a motion for extension to file the transcript; circuit court extended to August 7, 2013.
- Arkansas Rule of Appellate Procedure–Crim. 4(c)(2) limits extensions to seven months from judgment date, making July 19, 2013 the due date.
- Coakes tendered the record on July 30, 2013, which was untimely.
- The Supreme Court granted the motion for rule on clerk, finding attorney error and forwarding the matter to the Committee on Professional Conduct.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the rule on clerk should be granted for untimely transcript filing | Coakes argues good reason for untimely filing; relief appropriate | State argues fault by attorney; no timely perfection | Motion granted; rule on clerk affirmed |
Key Cases Cited
- McDonald v. State, 356 Ark. 106 (2004) (two reasons for untimely appeal: fault or good reason; relief possible)