{
  "id": 1751557,
  "name": "Vester Mae ELLIS v. STATE of Arkansas",
  "name_abbreviation": "Ellis v. State",
  "decision_date": "1982-07-12",
  "docket_number": "",
  "first_page": "560",
  "last_page": "561",
  "citations": [
    {
      "type": "official",
      "cite": "276 Ark. 560"
    },
    {
      "type": "parallel",
      "cite": "637 S.W.2d 588"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "261 Ark. 926",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1678911
      ],
      "weight": 2,
      "year": 1977,
      "opinion_index": 0,
      "case_paths": [
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      ]
    },
    {
      "cite": "265 Ark. 941",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1664967
      ],
      "weight": 2,
      "year": 1979,
      "opinion_index": 0,
      "case_paths": [
        "/ark/265/0941-01"
      ]
    },
    {
      "cite": "613 S.W.2d 598",
      "category": "reporters:state_regional",
      "reporter": "S.W.2d",
      "case_ids": [
        1174922,
        6139188
      ],
      "year": 1981,
      "opinion_index": 0,
      "case_paths": [
        "/ark/272/0287-01",
        "/ark-app/1/0141-01"
      ]
    },
    {
      "cite": "272 Ark. 287",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1174922
      ],
      "year": 1981,
      "opinion_index": 0,
      "case_paths": [
        "/ark/272/0287-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 190,
    "char_count": 2281,
    "ocr_confidence": 0.829,
    "pagerank": {
      "raw": 2.97191096927465e-07,
      "percentile": 0.8503538237171356
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    "sha256": "de49ea7b5063e81af089ed600a7cfee9ed2544afd5490095494da3af53cc5139",
    "simhash": "1:7b4b886169dade68",
    "word_count": 396
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  "last_updated": "2023-07-14T15:52:15.988639+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Vester Mae ELLIS v. STATE of Arkansas"
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nThe appellant has filed a second motion for belated appeal after we rejected his first motion. In an attached affidavit, attorney James E. Smedley concedes that it was his mistake in not timely filing the appeal. Therefore, pursuant to the Rules of Criminal Procedure and Nelson v. State, 272 Ark. 287, 613 S.W.2d 598 (1981), the belated appeal is granted.\nRules of Criminal Procedure, Rule 36.26, reads:\nTrial counsel, whether retained or court appointed, shall continue to represent a convicted defendant throughout any appeal to the Arkansas Supreme Court, unless permitted by the trial court or the Arkansas Supreme Court to withdraw in the interest of justice or for other sufficient cause.\nThe method for taking the appeal is set out in Rule 36.9.\nWe rendered an opinion on this subject in the case of Finnie v. State, 265 Ark. 941, 582 S.W.2d 19 (1979). In Finnie we stated:\nEven though the trial court was without authority to grant the appeal, this Court had such authority. No request has previously been made to this Court for belated appeal. We held in Goodwin v. State, 261 Ark. 926, 552 S.W.2d 233 (1977), that filing of notice of appeal within the time prescribed by Rule 36.9 is not jurisdictional as to this Court.\nWe went on to explain that if counsel intended to withdraw from the case he must comply with Supreme Court Rule 11 (h). We also pointed out that an attorney, in obtaining permission to withdraw from a case, should include a statement of the reasons therefor in his motion. A copy of the motion should be sent to the defendant and if the motion to withdraw is granted a copy of the order should be furnished to the defendant.\nIn view of the fact that the present attorney did not follow the procedure prescribed for withdrawal, we must still consider him the attorney of record and hold him responsible for the duties imposed upon him by the rules, statutes and opinion of this court as recited above. The belated appeal will be granted and a copy of this opinion forwarded to the Committee on Professional Conduct.",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [
      "James E. Smedley, for appellant.",
      "Steve Clark, Atty. Gen., by. Alice Ann Burns, Asst. Atty. Gen., for appellee."
    ],
    "corrections": "",
    "head_matter": "Vester Mae ELLIS v. STATE of Arkansas\n637 S.W.2d 588\nSupreme Court of Arkansas\nOpinion delivered July 12, 1982\nJames E. Smedley, for appellant.\nSteve Clark, Atty. Gen., by. Alice Ann Burns, Asst. Atty. Gen., for appellee."
  },
  "file_name": "0560-01",
  "first_page_order": 590,
  "last_page_order": 591
}