{
  "id": 1241029,
  "name": "Stacey Eugene JOHNSON v. STATE OF ARKANSAS",
  "name_abbreviation": "Johnson v. State",
  "decision_date": "1999-05-27",
  "docket_number": "CR 98-743",
  "first_page": "609",
  "last_page": "611",
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    "name": "Arkansas Supreme Court"
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        51217,
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      "cite": "335 Ark. 333",
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      "reporter": "Ark.",
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  "last_updated": "2023-07-14T14:46:43.806602+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Stacey Eugene JOHNSON v. STATE OF ARKANSAS"
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nAppellant Stacey Eugene Johnson, by and through his attorney, David Lewis Clark, has filed a motion for an extension of time to file Appellant\u2019s brief. Appellant was convicted of capital murder and sentenced to death by lethal injection in a judgment entered on November 24, 1997.\nThe transcript in this case was filed on June 19, 1998. On July 17, 1998, Appellant\u2019s counsel filed a motion to settle the record and for an extension of time to file Appellant\u2019s brief. We granted Appellant\u2019s motion for writ of certiorari to settle the record on September 10, 1998. The writ was returned on October 12, 1998, and the supplemental record was filed at that time. Thereafter, on December 3, 1998, we granted Appellant\u2019s motion for access to sealed psychotherapy records and directed the Clerk to set a new briefing schedule. See Johnson v. State, 335 Ark. 333, 982 S.W.2d 669 (1998) (per curiam). Under the new briefing schedule, Appellant\u2019s brief was due on January 12, 1999.\nOn January 11, 1999, Appellant\u2019s counsel was granted a seven-day clerk\u2019s extension, making Appellant\u2019s brief due on January 19, 1999. Subsequently, counsel filed a motion for an extension of time to file Appellant\u2019s brief, and the extension was granted until March 29, 1999. Counsel filed another motion for an extension of time to file Appellant\u2019s brief, and a final extension was granted until April 28, 1999. On that date, and again on May 12, 1999, counsel filed motions for a further extension of time to file Appellant\u2019s brief. As of this date, no brief has been filed.\nIn the pending motion, Mr. Clark accepts full responsibility for having failed to timely file Appellant\u2019s brief. We find that such error, admittedly made by the attorney for a criminal defendant, is good cause to grant the motion. See Davis v. State, 335 Ark. 136, 983 S.W.2d 122 (1998) (per curiam); Harkness v. State, 264 Ark. 561, 572 S.W.2d 835 (1978). A copy of this per curiam opinion will be forwarded to the Committee on Professional Conduct. See In Re: Belated Appeals in Criminal Cases, 265 Ark. 964 (1979) (per curiam).\nAdditionally, we order Mr. Clark to appear before this court at 9:00 a.m. on July 1, 1999, to show cause why he should not be held in contempt for failing to timely file Appellant\u2019s brief.\nMotion granted.",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [
      "David Lewis Clark, for appellant.",
      "No response."
    ],
    "corrections": "",
    "head_matter": "Stacey Eugene JOHNSON v. STATE OF ARKANSAS\nCR 98-743\n990 S.W.2d 553\nSupreme Court of Arkansas\nOpinion delivered May 27, 1999\nDavid Lewis Clark, for appellant.\nNo response."
  },
  "file_name": "0609-01",
  "first_page_order": 633,
  "last_page_order": 635
}