Randolph McDonald v. State of Arkansas

Summary

Exercising original jurisdiction over a motion for rule on the clerk, the Supreme Court of Arkansas granted attorney Laura Cunningham's motion as a motion for belated appeal, holding that her notice of appeal—filed May 7, 2003 but identifying the November 4, 2002 order denying McDonald's motion to suppress—was untimely under Ark. R. App. P.—Crim. 2 and that substantial compliance could not save it. The court rejected Cunningham's due-process and compelled-admission-of-fault arguments, holding that the state-granted right of appeal carries constitutional restraints the court's relief rules satisfy, and that no one is compelled to admit fault. The court announced a clarified framework: it will no longer require an affidavit admitting fault before considering such motions, will grant relief when error or good reason is plain from the motion, affidavits, and record, will remand unclear attorney-error questions to the trial court for findings, and will deploy contempt powers against attorneys who obstruct appeals. Because the record plainly showed Cunningham at fault, no contempt citation was merited, but the opinion was forwarded to the Committee on Professional Conduct.