JACKS 11. STATE
ARK.] Cite as 344 Ark. 405 (2001) 405 Deborah (Debbie) L. JACKS v. STATE of Arkansas
CR 01-291 39 S.W3d 459 Supreme Court of Arkansas
Opinion delivered April 5, 2001 APPEAL & ERROR — MOTION FOR BELATED APPEAL — GRANTED FOR GOOD CAUSE. — Where the notice of appeal is tendered late due to a mistake on the part of appellant's counsel, such an error, admittedly made by an attorney for a criminal defendant, is good cause to grant a motion for belated appeal; the motion was granted. Motion to File Belated Appeal; granted. Mark S. Frasier, for appellant. No response. ER CURIAM. Appellant, Deborah L. Jacks, by and through P her attorney, has filed a motion to file belated appeal. Her
JACKS Ii. STATE 406 Cite as 344 Ark. 406 (2001) [344 attorney, Mark S. Frasier, accepts responsibility for the untimeliness in filing a notice of appeal and states in his affidavit that the notice of appeal was tendered late due to a mistake on his part. We find that such an error, admittedly made by an attorney for a criminal defendant, is good cause to grant the motion. See In Re Belated Appeals in Criminal Cases, 265 Ark. 964 (1979) (per curiam). [1] Therefore, the motion is granted. A copy of this opinion will be forwarded to the Committee on Professional Conduct. Deborah (Debbie) L. JACKS v. STATE of Arkansas
CR 01-291 39 S.W3d 798 Supreme Court of Arkansas
Opinion delivered April 5, 2001 ATTORNEY & CLIENT — MOTION TO BE RELIEVED — GRANTED FOR GOOD CAUSE. — Where a state-salaried, part-time public defender was ineligible for compensation by the supreme court for work performed in the appeal of the matter in question pursuant to a recent opinion, and the supreme court had relieved other public defenders and appointed new counsel on appeal under similar circumstances, the attorney's motion to be relieved for good cause shown was granted. Motion to Withdraw as Attorney on Direct Appeal; granted. Ann C. Hill and Mark S. Frasier, for appellant. No response. ER CURIAM. Mark S. Frasier, a state-salaried, full-time P public defender for the Eighteenth Judicial District, was appointed by the trial court to represent appellant Deborah L. Jacks, an indigent defendant, in this probation-revocation case. Appellant's probation was revoked, and she was convicted of the offense of Violation of the Arkansas Hot Check Law, a Class C felony, and
ARK.] 407 sentenced to seven years in the Arkansas Department of Correction with four years suspended. A notice of appeal was filed by Mr. Frasier, and a partial record has been lodged with our clerk. [I] Mr. Frasier now asks that we relieve him as counsel for appellant in this criminal appeal. As a state-salaried, full-time public defender for the Eighteenth Judicial District East, Mr. Frasier is ineligible for compensation by this court for work performed in the appeal of this matter pursuant to our recent opinion in Rushing v. State, 340 Ark. 84, 8 S.W3d 489 (2000). In Tester v. State, 341 Ark. 281, 16 S.W3d 227 (2000), we relieved appellant's court-appointed public defender and appointed new counsel on appeal under similar circumstances. See also Craft v. State, 342 Ark. 57, 26 S.W3d 584 (2000); McFerrin v. State, 342 Ark. 61, 26 S.W3d 429 (2000); Bolton v. State, 342 Ark. 55, 26 S.W3d 783 (2000). We grant Mr. Frasier's motion to be relieved for good cause shown. Steven R. Davis will be substituted as attorney for appellant Deborah L. Jacks in this matter.
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