From Casetext: Smarter Legal Research

Mister v. State

SUPREME COURT OF ARKANSAS
Jun 20, 2013
2013 Ark. 269 (Ark. 2013)

Opinion

No. CR-13-294

06-20-2013

SHARVELT MARQUETTE MISTER APPELLANT v. STATE OF ARKANSAS APPELLEE

Andrew Vess, for appellant. No response.


MOTION TO FILE BELATED BRIEF


GRANTED.


PER CURIAM

Appellant Sharvelt Marquette Mister, by and through his attorney, Andrew Vess, moves this court to file a belated brief. Mister's brief was due on May 13, 2013, and the brief was tendered to this court on May 20, 2013.

We will accept a criminal appellant's belated brief to prevent an appeal from being aborted. See, e.g., Stewart v. State, 319 Ark. 242, 889 S.W.2d 771 (1995). However, good cause must be shown to grant the motion. See, e.g., Strom v. State, 356 Ark. 224, 147 S.W.3d 689 (2004) (per curiam) (holding that appellate counsel's admitted failure to timely file the brief constituted good cause to grant motion for belated brief); Brown v. State, 347 Ark. 362, 64 S.W.3d 274 (2002) (per curiam) (holding that attorney's admitted error was good cause to grant the motion). Attorney Vess admits fault for the failure to timely file Mister's brief. Accordingly, we grant the instant motion and refer the matter to the Committee on Professional Conduct.

Motion granted.

Andrew Vess, for appellant.

No response.


Summaries of

Mister v. State

SUPREME COURT OF ARKANSAS
Jun 20, 2013
2013 Ark. 269 (Ark. 2013)
Case details for

Mister v. State

Case Details

Full title:SHARVELT MARQUETTE MISTER APPELLANT v. STATE OF ARKANSAS APPELLEE

Court:SUPREME COURT OF ARKANSAS

Date published: Jun 20, 2013

Citations

2013 Ark. 269 (Ark. 2013)

Citing Cases

Cox v. State

However, good cause must be shown to grant the motion. Mister v. State, 2013 Ark. 269 (per curiam) (citing…