FAIRCW V. STATE
ARK.] Cite as 358 Ark. 365 (2004) 365 Barry FAIROW v. STATE of Arkansas CR 04-679 190 S.W3d 910 Supreme Court of Arkansas
Opinion delivered September 9,2004 APPEAL & ERROR — MOTION FOR RULE ON CLERK — GOOD CAUSE FOR GRANTING. — An admission by an attorney for a criminal defendant that the notice of appeal 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 Clerk; granted. Dennis R. Molock, for appellant. No response. ER CURIAM. Appellant Barry Fairow, by and through his p attorney, Dennis R. Molock, has filed a motion for rule on clerk. Mr. Molock states in the motion that the notice of appeal was not filed in a timely fashion 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.
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