TITLE	Supreme Court en banc Order 2009Mo1044 Dated February 16, 2012¡¼Re-Appeal against Order of Dismissal of Appeal¡½ [full Text]
Summary
[1] Meaning of the right to have the assistance of counsel guaranteed by the Constitution, and measures to be taken by an appellate court when: (a) a public defender was assigned to a defendant; (b) the defendant and the public defender failed to timely file an appellate brief; and (c) any cause attributable to the defendant for such failure was not found [2] In an appellate case requiring a defense counsel in which the court below appointed a public defender for the Defendant after the expiry of time period for filing the Defendant¡¯s appellate brief, and notified the public defender of the receipt of the trial records, but the public defender failed to timely file the appellate brief, the case holding that, in dismissing the appeal, the court below erred by misapprehending the legal principles, when it should have cancelled the appointment and reassigned another public defender, inasmuch as no reasons attributable to the Defendant for the public defender¡¯s failure to file the appellate brief was found

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