{
  "id": 1881011,
  "name": "Rodney McDUFFIE v. STATE of Arkansas",
  "name_abbreviation": "McDuffie v. State",
  "decision_date": "1991-02-11",
  "docket_number": "RC 90-52",
  "first_page": "508",
  "last_page": "509",
  "citations": [
    {
      "type": "official",
      "cite": "304 Ark. 508"
    },
    {
      "type": "parallel",
      "cite": "803 S.W.2d 543"
    }
  ],
  "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"
      ]
    },
    {
      "cite": "265 Ark. 964",
      "category": "reporters:state",
      "reporter": "Ark.",
      "year": 1965,
      "opinion_index": 0
    },
    {
      "cite": "293 Ark. 370",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1869734
      ],
      "weight": 2,
      "year": 1987,
      "opinion_index": 0,
      "case_paths": [
        "/ark/293/0370-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 179,
    "char_count": 2030,
    "ocr_confidence": 0.8,
    "pagerank": {
      "raw": 4.03580807328026e-08,
      "percentile": 0.06904166999697665
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    "sha256": "f9dfe46c53709e0d2c493b2c9a3f60b71065e2e111f3810997114ba71eb6f851",
    "simhash": "1:cd23878077880b90",
    "word_count": 343
  },
  "last_updated": "2023-07-14T15:15:14.712931+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Rodney McDUFFIE v. STATE of Arkansas"
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nAppellant has asked us to enter an order granting him permission to file a belated appeal. We remanded the cause to the trial court for an evidentiary hearing. The trial court conducted a hearing as to whether the appellant waived his right of appeal and, if not, which counsel was responsible to proceed with the appeal.\nAppellant\u2019s conviction judgment had been entered on May 25, 1990. He had been represented by Mr. Christopher Mercer, who apparently also represented him on some other pending charges. After his conviction, appellant contacted the John Wesley Hall, Jr. Law Firm to represent him on appeal. At the conclusion of the trial court\u2019s hearing on remand, the court concluded the Hall Law Firm had been paid to represent appellant in this appeal prior to the time appellant\u2019s notice of appeal was due to be filed. Because the Hall Law Firm had been duly and timely paid to handle the appeal, the trial court ruled that firm should have filed the notice of appeal. We cannot say the findings of the trial court on this post-conviction motion were clearly against the preponderance of the evidence. Bogan v. State, 293 Ark. 370, 738 S.W.2d 94 (1987).\nIn view of the trial court\u2019s findings, appellant\u2019s motion for belated appeal will be granted upon appellant\u2019s counsel, the Hall Law Firm, submitting a motion and affidavit accepting full responsibility for not timely filing the notice of appeal in this case. In Re: Belated Appeals in Criminal Cases, 265 Ark. 964 (1965), and Harkness v. State, 264 Ark. 561, 572 S.W.2d 835 (1978).\nThe trial court made reference to Mr. Mercer\u2019s continuing duty as trial counsel to file an appeal, if requested, but ultimately found the Hall Law Firm had been retained for appeal purposes. See A.R.Cr.P. Rule 36.26.",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [
      "John Wesley Hall, Jr., by: Craig Lambert, for appellant.",
      "Ron Fields, Att\u2019y Gen., by: Theodore Holder, Asst. Att\u2019y Gen., for appellee."
    ],
    "corrections": "",
    "head_matter": "Rodney McDUFFIE v. STATE of Arkansas\nRC 90-52\n803 S.W.2d 543\nSupreme Court of Arkansas\nOpinion delivered February 11, 1991\nJohn Wesley Hall, Jr., by: Craig Lambert, for appellant.\nRon Fields, Att\u2019y Gen., by: Theodore Holder, Asst. Att\u2019y Gen., for appellee."
  },
  "file_name": "0508-01",
  "first_page_order": 558,
  "last_page_order": 559
}