Bennett v. State

In accordance with my dissent in Efurd v. State, 352 Ark. 476, 101 S.W.3d 800 (2003) {per curiam), I do not believe that the 18-month rule set forth in Rule 2(e) of the Rules of Appellate Procedure-—Criminal should be strictly adhered to at all times. Strict adherence to the 18-month rule is inappropriate in circumstances where a criminal defendant will be denied due process because his council was ineffective and failed to file a timely appeal. We allow belated appeals and late records when an attorney is at fault. See In Re Belated Appeals in Criminal Cases, 265 Ark. 964 (1979) (per…