ARK.] 515 Jason Mark SMITH v. STATE of Arkansas
CR 98-329 962 S.W.2d 813 Supreme Court of Arkansas Opinion delivered April 9, 1998 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. Joel 0.Huggins, for appellant. No response. PER CuRiAivi. Appellant Jason Mark Smith, by and through his attorney, has filed a motion for a rule on the clerk. His attorney, Joel 0. Huggins, states in the motion that the record was tendered late due to a mistake on his part. 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). [1] The motion is, therefore, granted. A copy of this opinion will be forwarded to the Committee on Professional conduct.
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