392 REED V. STATE [320
Cite as 320 Ark. 392 (1995) Benny REED v. STATE of Arkansas CR 95-392 897 S.W.2d 556 Supreme Court of Arkansas
Opinion delivered May 1, 1995 APPEAL & ERROR — MOTION FOR RULE ON THE CLERK — COUNSEL MUST CONCEDE FAULT. — Although the motion admitted the record was not timely filed and that it was no fault of appellant, the motion did
ARK.] 393 not state good cause for granting the motion where counsel did not concede fault. Motion for Rule on the Clerk; denied. John D. Lightfoot, for appellant. No response. PER CURIAM. Appellant Benny Reed, by his attorney, has filed a motion for rule on the clerk. [1] The motion admits that the record was not timely filed, but neither appellant nor his current attorney, admit fault. As such, the motion for rule on the clerk does not state good cause for granting the motion as discussed in our per curiam issued February 5, 1979, 265 Ark. 964. If appellant's current attorney, John D. Lightfoot, will concede by affidavit that it was his fault that the record was not filed, or if other good cause is shown, then the motion will be granted. The present motion for rule on the clerk is denied.
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.