History
  • No items yet
midpage
Stewart v. State
319 Ark. 242
Ark.
1995
Check Treatment
Per Curiam.

Carl Stewart, by his counsel Hugh Finkelstein, asks to file a belated brief in his appeal of a criminal conviction. The brief was due December 12, 1994. It was tendered December 15, 1994. Mr. Finkelstein offers a litany of reasons, all of which amount to nothing more than saying he put off “finalizing” the brief until the last day when his schedule went awry. Although he says the delay was due to circumstances beyond his control, the facts he states show only mismanagement and failure to anticipate possible variances in court scheduling of unrelated matters in which he was involved after waiting until the last day to file the brief.

We will accept a criminal appellant’s belated brief to prevent an appeal being aborted. Hallman v. State, 287 Ark. 391, 698 S.W.2d 803 (1985). Although Mr. Finkelstein apologizes for failing to meet the deadline, he does not admit fault. We will, however, treat his failure to state good cause as an admission of fault and forward a copy of this opinion to the Committee on Professional Conduct. Anderson v. State, 277 Ark. 391, 641 S.W.2d 715 (1982).

Motion granted.

Case Details

Case Name: Stewart v. State
Court Name: Supreme Court of Arkansas
Date Published: Jan 9, 1995
Citation: 319 Ark. 242
Docket Number: CR 94-1068
Court Abbreviation: Ark.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.