{
  "id": 3798804,
  "name": "Deann LATIOLAIS v. ARKANSAS DEPARTMENT of HUMAN SERVICES",
  "name_abbreviation": "Latiolais v. Arkansas Department of Human Services",
  "decision_date": "2007-01-04",
  "docket_number": "06-1297",
  "first_page": "381",
  "last_page": "382",
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    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
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          "parenthetical": "granting motion for rule on clerk in parental-termination case where attorney admitted error"
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      "year": 2006,
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          "parenthetical": "granting motion for belated appeal where appellant's counsel failed to inform appellant of his right to appeal the parental-termination order"
        },
        {
          "parenthetical": "granting motion for belated appeal where appellant's counsel failed to inform appellant of his right to appeal the parental-termination order"
        }
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      "cite": "356 Ark. 106",
      "category": "reporters:state",
      "reporter": "Ark.",
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      ],
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      "year": 2004,
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          "page": "116"
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  "last_updated": "2023-07-14T15:59:17.047242+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Deann LATIOLAIS v. ARKANSAS DEPARTMENT of HUMAN SERVICES"
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nAppellant Deann Latiolais brings this petition for review of the court of appeals\u2019 dismissal of her appeal of an order terminating her parental rights. The court of appeals dismissed the appeal due to appellant\u2019s failure to file a brief; thus, we will treat this petition as a motion for belated appeal. The record in this case was lodged on July 6, 2005; however, Latiolais\u2019s counsel, Glen Hoggard, failed to file a brief or request an extension by the date on which the brief was due. Counsel Hoggard admits in this petition that the failure to file a brief or request an extension resulted from errors on his part.\nIn McDonald v. State, 356 Ark. 106, 146 S.W.3d 883 (2004), this court clarified its treatment of motions for rule on clerk and motions for belated appeals in criminal cases. There, we stated that there are only two possible reasons for an appeal not being timely perfected: either the party or attorney filing the appeal is at fault, or, there is \u201cgood reason.\u201d Id. at 116, 146 S.W.3d at 891. When it is plain from the motions, affidavits, and record that relief is proper based on error or good reason, the relief will be granted. Id. at 117, 146 S.W.3d at 892. If there is attorney error, a copy of the opinion will be forwarded to the Committee on Professional Conduct. Id.\nWhile the instant case is not a criminal case, we have afforded indigent parents appealing from a termination of parental rights similar protections as those afforded indigent criminal defendants. See, e.g., Flannery v. Ark. Dep\u2019t of Health & Human Servs., 368 Ark. 31, 242 S.W.3d 619 (2006) (granting motion for belated appeal where appellant\u2019s counsel failed to inform appellant of his right to appeal the parental-termination order); Tyler v. Ark. Dep\u2019t of Human Servs., 366 Ark. 413, 235 S.W.3d 901 (2006) (granting motion for rule on clerk in parental-termination case where attorney admitted error); Moore v. Ark. Dep\u2019t of Human Servs., 363 Ark. 205, 212 S.W.3d 1 (2005) (same).\nHere, it is clear from the petition that there were errors on Hoggard\u2019s part. Hoggard candidly admitted fault in failing to perfect the appeal. Pursuant to McDonald, supra, and Flannery, supra, we grant Latiolais\u2019s motion for belated appeal. Latiolais\u2019s appellate brief shall be filed no later than ten days following the issuance of this opinion. A copy of this opinion will be forwarded to the Committee on Professional Conduct.\nMotion for belated appeal granted.",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [
      "Glen Hoggard, for appellant.",
      "No response."
    ],
    "corrections": "",
    "head_matter": "Deann LATIOLAIS v. ARKANSAS DEPARTMENT of HUMAN SERVICES\n06-1297\n246 S.W.3d 413\nSupreme Court of Arkansas\nOpinion delivered January 4, 2007\nGlen Hoggard, for appellant.\nNo response."
  },
  "file_name": "0381-01",
  "first_page_order": 407,
  "last_page_order": 408
}