SKILES V. STATE ARK.] Cite as 328 Ark. 687 (1997) 687 Earl SKILES v. STATE of Arkansas CR 97-515 945 S.W.2d 368 Supreme Court of Arkansas Opinion delivered May 27, 1997 1. APPEAL & ERROR — MOTION FOR RULE ON CLERK — WHEN GRANTED. — The supreme court will grant a motion for rule on the clerk when the attorney admits that the record was not timely filed due to an error on his part. 2. APPEAL & ERROR — MOTION FOR RULE ON CLERK DENIED — ATTORNEY DID NOT ADMIT FAULT. — Where appellant's attorney did not admit fault on his part in failing to timely file the record, the supreme court denied appellant's motion for rule on the clerk; a statement that it was someone else's fault or no one's fault will not suffice. Motion for Rule on the Clerk; denied. Keith Watkins, for appellant. Winston Bryant, Att'y Gen., by: C. Joseph Cordi, Jr., Asst. Att'y Gen., for appellee. PER CURIAM. Earl Skiles, by his attorney, has filed a motion for rule on the clerk.
688 [328 The motion admits that the record was not timely filed and that it was no fault of the appellant. [1, 2] This court has held that we will grant a motion for rule on the clerk when the attorney admits that the record was not timely filed due to an error on his part. See, e.g., Tarry v. State, 288 Ark. 172, 702 S.W.2d 804 (1986). Here, the attorney does not admit fault on his part. We have held that a statement that it was someone else's fault or no one's fault will not suffice. Clark v. State, 289 Ark. 382, 711 S.W.2d 162 (1986). Therefore, appellant's motion must be denied. The appellant's attorney shall file within thirty days from the date of this per curiam a motion and affidavit in this case accepting full responsibility for not timely filing the transcript, and upon filing same, the motion will be granted and a copy of the opinion will be forwarded to the Committee on Professional Conduct. The present motion for rule on the clerk is denied.
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