612 [ 343 Russell Timothy ROBERTS v. STATE of Arkansas CR 01-53 36 S.W3d 751 Supreme Court of Arkansas
Opinion delivered February 1, 2001 APPEAL & ERROR - MOTION FOR RULE ON CLERK - GOOD CAUSE FOR GRANTING. - An admission by an attorney for a criminal defendant that the record was tendered late due to a mistake on his part is good cause to grant a motion for rule on the clerk. Motion for Rule on the Clerk; granted. Christopher Carter, for appellant. No response. ER CURIAM. Appellant Russell Timothy Roberts, by and P through his attorney, has filed a motion for rule on clerk. His attorney, Christopher Carter, states in the motion that the record was tendered late due to a mistake on his part. [1] We find that such an error, admittedly made by an attorney for a criminal defendant, is good cause to grant the motion. See In Re Belated Appeals in Criminal Cases, 265 Ark. 964 (1979) (per curiam). The motion is, therefore, granted. A copy of this opinion 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.