Cite as 2010 Ark. 56 SUPREME COURT OF ARKANSAS No. CR09-788 ROBERT D. LOGGINS Opinion Delivered February 4, 2010 APPELLANT MOTION TO FILE BELATED V. APPEAL BRIEF STATE OF ARKANSAS APPELLEE GRANTED. PER CURIAM Appellant Robert D. Loggins, by and through his counsel, Lea Ellen Fowler, moves this court to file a belated brief. After a final extension of time was granted by this court, Loggins’s brief was due on January 4, 2010. 1 On that day, Loggins moved for another extension, which was denied that same day. Loggins did not tender his brief to this court until January 6, 2010, and it was rejected due to noncompliance with our rules. The instant motion was filed on January 7, 2010, and Loggins’s brief was again tendered to this court on January 8, 2010. We will accept a criminal appellant’s belated brief to prevent an appeal from being aborted. See Brewton v. State, 375 Ark. 364, 290 S.W.3d 605 (2009) (per curiam). However, good cause must be shown to grant the motion. See id.; see also Strom v. State, 356 Ark. 224, 1 Loggins’s brief was due January 1, 2010. However, because that day fell on a holiday, which was also a Friday, his brief became due on January 4, which was the next business day. See Ark. R. App. P.–Civ. 9 (2009).
Cite as 2010 Ark. 56 147 S.W.3d 689 (2004) (holding that appellate counsel’s admitted failure to timely file the brief constituted good cause to grant appellant’s motion for belated brief). While Ms. Fowler does not admit fault, her fault is clear from the record and constitutes good cause. See, e.g., Young v. State, 372 Ark. 219, 272 S.W.3d 109 (2008) (per curiam). Accordingly, we grant the instant motion and refer the matter to the Committee on Professional Conduct. Motion granted. BROWN, J., not participating. -2-CR 09-788
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