Todd. State , 2015 Ark. 452 ( 2015 )

Cite as 2015 Ark. 452
SUPREME COURT OF ARKANSAS
No. CR-15-916
MICHAEL TODD Opinion Delivered December 3, 2015
APPELLANT
MOTION FOR BELATED APPEAL
V.
STATE OF ARKANSAS MOTION GRANTED.
APPELLEE
PER CURIAM
Appellant Michael Todd, by and through his attorney, Anthony S. Biddle, has filed a
motion for belated appeal. On June 26, 2014, the Hempstead County Circuit Court revoked
Appellant Michael Todd’s suspended imposition of sentences. On July 22, 2014, Todd filed
his notice of appeal. On June 3, 2015, the Arkansas Court of Appeals dismissed Todd’s
appeal, holding that despite Todd’s notice of appeal being timely filed, his notice of appeal
was ineffective to confer appellate jurisdiction. See Todd v. State, 2015 Ark. App. 356, 465
S.W.3d 435. Specifically, the court of appeals held that the language of Todd’s notice of
appeal did not fairly and accurately inform the court of the order(s) being appealed from as
required by Rule 2(a) of the Arkansas Rules of Appellate Procedure–Criminal, the appellate
court to which Todd was appealing, or whether the order(s) resulted from a bench hearing
rather than a jury trial. Id. at 5, 465 S.W.3d at 438.
In the present motion for belated appeal, Mr. Biddle admits that it was his obligation
to file an appropriate notice appeal. We have clarified our treatment of motions for rule on
Cite as 2015 Ark. 452
clerk and motions for belated appeals in McDonald v. State, 356 Ark. 106, 146 S.W.3d 883
(2004). There, we stated that there are only two possible reasons for an appeal not being
timely perfected: either the party or the attorney filing the appeal is at fault, or there is “good
reason.” Id. at 115, 146 S.W.3d at 891. We explained:
Where an appeal is not timely perfected, either the party or attorney filing the appeal
is at fault, or there is good reason that the appeal was not timely perfected. The party
or attorney filing the appeal is therefore faced with two options. First, where the party
or attorney filing the appeal is at fault, fault should be admitted by affidavit filed with
the motion or in the motion itself. There is no advantage in declining to admit fault
where fault exists. Second, where the party or attorney believes that there is good
reason the appeal was not perfected, the case for good reason can be made in the
motion, and this court will decide if good reason is present.
Id., 146 S.W.3d at 891 (footnote omitted). While this court no longer requires an affidavit
admitting fault before we will consider the motion, an attorney should candidly admit fault
where he has erred and is responsible for the failure to perfect the appeal. See id.
In accordance with McDonald, Mr. Biddle has candidly admitted fault. Therefore, the
motion is granted. A copy of this opinion will be forwarded to the Committee on
Professional Conduct.
Motion granted.
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