{
  "id": 1719867,
  "name": "Homer Lloyd MOORE v. STATE of Arkansas",
  "name_abbreviation": "Moore v. State",
  "decision_date": "1980-01-21",
  "docket_number": "CR 79-227",
  "first_page": "548",
  "last_page": "549",
  "citations": [
    {
      "type": "official",
      "cite": "267 Ark. 548"
    },
    {
      "type": "parallel",
      "cite": "592 S.W.2d 450"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "264 Ark. 561",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1668966
      ],
      "weight": 2,
      "year": 1978,
      "opinion_index": 0,
      "case_paths": [
        "/ark/264/0561-01"
      ]
    }
  ],
  "analysis": {
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  "last_updated": "2023-07-14T22:44:49.696704+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Homer Lloyd MOORE v. STATE of Arkansas"
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nThe appellant, Homer Lloyd Moore, through his attorney, has filed a motion for rule on the clerk.\nThe Clerk of this Court properly refused to accept the tendered record in this case because it was not tendered timely.\nThe judgment was entered April 3, 1979. A motion was filed on May 22, 1979, to extend the time for filing the transcript. The trial judge signed the order extending the time until December 26, 1979.\nWhen the record was tendered more than seven months had elapsed from the date of the judgment.\nIn an affidavit attached to the motion, Vincent E. Skillman, Jr., the attorney for the appellant, stated, \u201cThat the time computed was incorrect not due to any fault of the said Homer Lloyd Moore, or anyone else to my knowledge.\u201d\nWe have recognized that sometimes an appeal must be accepted where to do otherwise would be a denial of a constitutional right; that is, the right to effective assistance of counsel.\nIn Harkness v. State, 264 Ark. 561, 572 S.W. 2d 835 (1978), we recognized this principle. Subsequent to Harkness in the per curiam opinion, Regarding Belated Appeals in criminal cases, dated February 5, 1979, we adopted a policy of publishing a per curiam order when we had to grant an appeal because counsel for no good cause tendered an out-of-time transcript.\nIn civil cases, an appeal will be granted if a record is tendered beyond a legally authorized date only if there is unavoidable casualty. In criminal cases, the rule is that we will do so only if there is an affidavit showing a \u201cgood reason.\u201d Rules of Crim. Proc., Rule 36.9.\nNone of these rules or decisions apply to the problem before us.\nThe affiant lawyer in this case does not cite good reasons, nor really any reason for not timely tendering the record. It is the duty and responsibility of counsel for an appellant to see that the record is timely filed. In effect, counsel for the appellant says it was not the fault of anyone. For that reason we deny the petition for a rule on the clerk.\nWe do not hold that we will deny a belated appeal if good reason is shown.",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [
      "Vincent E. Skillman, for appellant.",
      "Steve Clark, Atty. Gen., for appellee."
    ],
    "corrections": "",
    "head_matter": "Homer Lloyd MOORE v. STATE of Arkansas\nCR 79-227\n592 S.W. 2d 450\nOpinion delivered January 21, 1980\nVincent E. Skillman, for appellant.\nSteve Clark, Atty. Gen., for appellee."
  },
  "file_name": "0548-01",
  "first_page_order": 600,
  "last_page_order": 601
}