Siler v. State
2017 Ark. 45
| Ark. | 2017Background
- Kenneth Siler was convicted by a jury in 2015 of manufacturing a controlled substance, possession of drug paraphernalia, and being a felon in possession of a firearm; aggregate sentence 432 months.
- Trial counsel Brandon Crawford was appointed and remained counsel; no notice of appeal was filed within the 30-day period after judgment (entered June 26, 2015).
- Siler filed a pro se motion for a belated appeal under Ark. R. App. P.–Crim. 2(e), claiming he told Crawford at sentencing to file an appeal but none was filed.
- This court requested and received an affidavit from Crawford stating Siler first wanted to appeal on July 16, 2015, but on July 23 Siler told Crawford he would forgo an appeal and accept plea offers in other cases.
- Because the parties’ accounts conflicted, the Supreme Court remanded for an evidentiary hearing to resolve whether Siler informed counsel of his desire to appeal within the time for filing a timely notice of appeal.
- The trial court heard testimony, found Crawford gave adequate advice, concluded Siler understood and voluntarily chose not to appeal, and denied the belated-appeal motion; the Supreme Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Siler timely informed counsel he wanted to appeal, so entitlement to a belated appeal arises | Siler: He asked Crawford at sentencing to appeal and thus counsel failed to file a timely notice | State/Crawford: Siler told counsel he wanted to appeal only after the deadline, then later elected to forgo appeal and accept pleas | Trial court credibility findings accepted; Siler did not communicate a timely desire to appeal, so belated appeal denied |
| Whether counsel’s failure to file notice of appeal was neglect warranting relief | Siler: Failure to file constituted counsel neglect because request allegedly made timely | Crawford: No neglect; he would have appealed if Siler had insisted and Siler later waived appeal | Court held credibility resolved against Siler; no neglect shown and waiver/forgoing was voluntary |
Key Cases Cited
- Jones v. State, 294 Ark. 659, 748 S.W.2d 117 (1988) (failure to inform counsel of desire to appeal within the appeal period can operate as a waiver of the right to appeal)
- Strom v. State, 348 Ark. 610, 74 S.W.3d 233 (2002) (appellate court will not reverse trial court’s factual findings unless clearly erroneous)
- Frazier v. State, 339 Ark. 173, 3 S.W.3d 334 (1999) (trial court’s credibility determinations are entitled to deference)