ARK.] 431 Joseph RAMEY v. STATE of Arkansas
CR 97-1205 952 S.W.2d 677 Supreme Court of Arkansas
Opinion delivered October 30, 1997 APPEAL & ERROR - MOTION FOR RULE ON CLERK GRANTED. - An error causing delay in submission of the transcript of the trial record on appeal, admittedly made by the attorney for a criminal defendant, is good cause to grant a motion to allow acceptance of the belated record; where counsel admitted mistake, appellant's motion for rule on the clerk was granted. Motion for Rule on the Clerk; granted. Ben Seay, for appellant. No response. PER CIJRIANi. Joseph Ramey, by his attorney, has filed a motion for rule on the clerk. His attorney, Ben Seay, requests that the clerk accept the late record, and he admits in his motion that the record was tendered late due to a mistake on his part. [1] We hold that an error causing delay in submission of the transcript of the trial record on appeal, admittedly made by the attorney for a criminal defendant, is good cause to grant the motion to allow acceptance of the belated record. See In re Belated Appeals in Criminal Cases, 265 Ark. 964 (1979) (per curiani). Because Mr. Seay admits mistake in this motion, appellant's motion for rule on the clerk to accept the belated record is therefore granted. The present motion for rule on the clerk is granted. A copy of this opinion shall be forwarded to the Committee on Professional Conduct.
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