Supreme Court

Decision Information

Decision Content

ARK.] 371 Robert Lee BORECK v. STATE of Arkansas 625 S.W. 2d 459 Supreme Court of Arkansas December 7, 1981 APPEAL & ERROR - MOTION FOR RULE ON CLERK - GOOD CAUSE FOR GRANTING MOTION. - Where the attorney for a criminal defendant attaches an affidavit to a motion for rule on the clerk, admitting that the record was tendered late due to a mistake on his part, this constitutes good cause to grant the motion. Motion for rule on clerk; motion granted. James E. Davis, for appellant. Steve Clark, Atty. Gen., by: Alice Ann Burns, Asst. Atty. Gen., for appellee. PER CURIAM. Appellant Robert Lee Boreck has filed a motion for a rule on the clerk. His attorney, James E. Davis, has attached an affidavit to the motion admitting that the record was tendered late due to a mistake on his part. We hold that such an error, admittedly made by the attorney for a criminal defendant, is good cause to grant the motion. See our per curiam opiniOn dated February 5, 1979, 265 Ark. 964, In Re Belated Appeals in Criminal Cases. A copy of this opinion, pursuant to that per curiam, will be forwarded to the Committee on Professional Conduct.
 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.