Thomas Whitt v. State of Arkansas

Cite as 2025 Ark. App. 588
ARKANSAS COURT OF APPEALS
No. CR-25-709

THOMAS WHITT Opinion Delivered December 3, 2025
APPELLANT

APPEAL FROM THE SEVIER
V. COUNTY CIRCUIT COURT
[NO. 67CR-24-25]
STATE OF ARKANSAS
APPELLEE HONORABLE BRYAN CHESSHIR,
JUDGE

MOTION FOR RULE ON CLERK

CONCURRING OPINION

BRANDON J. HARRISON, Judge

Dear Criminal Defense Lawyers: Please Do Better. The lack of care shown

to jurisdictional details, like the rather mundane but critical task of filing a record on

appeal on time, is ballooning to the point of bursting. Just look at a few months’

worth of the syllabi, and the case is made. Examine closely two years’ worth of syllabi

and one can justifiably wonder what took a judge so long to speak up.

A second concern that is occurring more frequently is the failure to file a timely

notice of appeal when directed to do so. Most failures to complete these professional

obligations are not egregious—but rest assured an increasing number of them are so;

and they surely prejudice defendants who have a right to a timely direct appeal.

Referrals to the appropriate authority will increase if this trend is not arrested, and

quickly so. You are on notice.
I take no pleasure in this opinion; but my duty (as I see it anyway) demands

that I communicate loudly and clearly enough to, hopefully, make a difference. For

everyone’s sake. Having said all this, I join the court’s decision to grant the motion for

rule on clerk.

2