Supreme Court

Decision Information

Decision Content

ARK.] 235 Michael Wayne BYRD v. STATE of Arkansas CR 96-48 913 S.W.2d 305 Supreme Court of Arkansas Opinion delivered January 29, 1996 APPEAL & ERROR - MOTION FOR RULE ON CLERK - GOOD CAUSE FOR GRANTING. - An admission by an attorney for a criminal defendant that he tendered the record late is good cause for granting a motion for rule on the clerk. Motion for Rule on the Clerk; granted. Scott E. Smith, for appellant. No response. PER CURIAM. Petitioner, Michael Wayne Byrd, by his attorney, Scott E. Smith, has filed a motion for rule on the clerk. His attorney admits that the record was tendered late due to a mistake on his part. [1] We find that such error, admittedly made by the attorney for a criminal defendant, is good cause to grant the motion. See Terry v. State, 272 Ark. 243, 613 S.W.2d 90 (1981); In Re: Belated Appeals in Criminal Cases, 265 Ark. 964 (1979) (per curiam); Harkness v. State, 264 Ark. 561, 572 S.W.2d 835 (1978). A copy of this per curiam will be forwarded to the Committee on Professional Conduct. In Re: Belated Appeals in Criminal Cases, 265 Ark. 964.
 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.