Supreme Court of Arkansas, 1996

Woodruff v. State

Woodruff v. State
Supreme Court of Arkansas · Decided February 12, 1996
323 Ark. 448; 916 S.W.2d 104; 1996 Ark. LEXIS 89

Woodruff v. State

Opinion of the Court

Per Curiam.

Appellant, Darren Woodruff, by his attorney, Maxie G. Kizer, has filed a motion for rule on the clerk. The Clerk refused to docket the record concerning Mr. Wood-ruff s conviction because it revealed that the notice of appeal was late. We treat the motion for rule on the clerk as a motion for belated appeal in this circumstance.

Failure of counsel to perfect an appeal for a defendant who wishes to appeal constitutes ineffective assistance of counsel, and good cause for granting a belated appeal pursuant to Ark. R. Crim. P. 36.9(e).

A copy of this opinion will be sent to the Committee on Professional Conduct.

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