DAVIS V. STATE ARx.] Cite as 334 Ark. 427 (1998) 427 Eric DAVIS v. STATE of Arkansas
CR 98-1135 975 S.W.2d 97 Supreme Court of Arkansas
Opinion delivered October 1, 1998 APPEAL & ERROR — MOTION FOR RULE ON CLERK — DENIED. — An admission by an attorney for a criminal defendant that the record was tendered late, without an admission of fault on his part, results in denial of a motion for rule on the clerk. Motion for Rule on the Clerk; denied. C. Richard Lippard, for appellant. No response. PER CURIAM. Eric Davis, by his attorney, C. Richard Lip-pard, has filed a motion for rule on the clerk. The motion admits that the record was not timely filed and that it was no fault of the Appellant. [1] 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. See Clark v. State, 289 Ark. 382, 711 S.W.2d 162 (1986). Therefore, Appellant's motion must be denied.
428 [334 Appellant's attorney, C. Richard Lippard, 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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