Crippen v. State
2017 Ark. 25
| Ark. | 2017Background
- Appellant James Edward Crippen was sentenced by the Crawford County Circuit Court on May 13, 2016, and filed a notice of appeal on June 10, 2016.
- Appellant sought an extension to file the transcript and lodge the record; the circuit court entered findings under Ark. R. App. P.–Crim 4(c)(1) and purported to extend the lodging deadline until January 10, 2017.
- Arkansas Rule of Appellate Procedure–Criminal 4(c)(2) bars extending the filing of the record more than seven months from the judgment date; seven months from May 13, 2016, made the record due December 13, 2016.
- The record was not timely lodged by that seven-month deadline; counsel tendered the record on January 4, 2017.
- Appellant’s counsel filed a motion for rule on clerk asking the Supreme Court to direct the clerk to file the late record; the Court found counsel erred in failing to timely lodge the record.
- Despite the untimeliness, the Court granted the motion and allowed the appeal to proceed, relying on precedent that the State should not be allowed to foreclose a criminal defendant’s first appeal due to counsel’s procedural errors.
Issues
| Issue | Appellant's Argument | State's Argument | Held |
|---|---|---|---|
| Whether the record was timely filed under Ark. R. App. P.–Crim 4(c)(2) | Counsel contends the record was timely when tendered Jan. 4, 2017 | The record missed the seven-month deadline from the sentencing date | The Court held the record was not timely under Rule 4(c)(2) |
| Whether a circuit court may extend the record-filing deadline beyond seven months from judgment | Appellant relied on the circuit court’s extension order to Jan. 10, 2017 | The State maintains the circuit court cannot exceed the seven-month limit | Court held a circuit court may not extend beyond the seven-month limit (Rule controls) |
| Whether counsel must admit fault or show good reason for untimely perfection | Appellant’s counsel sought relief and the Court considered the motion on its merits | The State would rely on procedural default if fault admitted or not explained | Court noted counsel erred and emphasized candid admission of fault is appropriate but will consider motions without a formal affidavit |
| Whether the Supreme Court should order the clerk to file the late record despite untimeliness | Crippen requested the clerk be directed to file so appeal may proceed | State could argue procedural rule bars filing and dismissal is appropriate | Court granted the rule on clerk and allowed appeal to proceed to avoid penalizing defendant for counsel’s procedural error |
Key Cases Cited
- McDonald v. State, 356 Ark. 106 (2004) (sets framework for admitting fault or showing good reason when an appeal is not timely perfected)
- Morris v. State, 373 Ark. 190 (2008) (courts should not bar a criminal defendant’s first appeal due to counsel’s failure to follow appellate rules)
- Coakes v. State, 2013 Ark. 325 (2013) (a circuit court may not extend the time for filing the record more than seven months from entry of judgment)
- Lee v. Arkansas Dep’t of Human Servs., 2016 Ark. 87 (2016) (attorneys should candidly admit fault where responsible for failure to perfect an appeal)