MonticelloLive

The Arkansas Supreme Court recently heard a petition for Marcus D. Young, in his case vs. the State of Arkansas, and granted his motion to file a belated brief.

Appellant Marcus Young, by and through his attorney, William M. Howard, Jr., had filed a motion to file belated brief. 

His brief was due on September 8, 2007, and on September 10, 2007, his original brief was delivered . In the new document, pages four and five of the argument section were missing, and the judgment and commitment order was left out as well.

His  attorney was notified that there were corrections to be made and that he needed to file a motion for belated brief.

On November 20, 2007, the brief was turned in again, but the argument section of the brief was numbered wrong.

Young’s attorney again was notified that additional changes were necessary.

On December 17, 2007, he again filed the brief, and also at this time, filed a motion for belated brief.

Although the brief was late, the Supreme Court will accept a criminal appellant’s belated brief to prevent an appeal from being aborted.

According to the court, his attorney does not admit fault, “but his fault is clear from the record.”