DAVIS V. STATE 136 Cite as 335 Ark. 136 (1998) [335 Eric DAVIS v. STATE of Arkansas
CR 98-1135 983 S.W.2d 122 Supreme Court of Arkansas Opinion delivered November 12, 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 not timely filed 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. C. Richard Lippard, for appellant. No response.
ARK.] 137 pr ER CuRiAivi. Appellant Eric Davis filed a motion for rule on the clerk on September 15, 1998. We denied the motion because appellant's attorney, C. Richard Lippard, did not admit fault in failing to timely file the record. See Davis v. State, 334 Ark. 427, 975 S.W.2d 97 (1998) (per curiam). We indicated, however, that we would grant the motion if appellant's attorney filed within thirty days a motion and affidavit accepting full responsibility for not timely filing the record. Appellant's attorney has assumed full responsibility for the error in a second motion for rule on the clerk filed on October 28, 1998. [1] We find that such error, admittedly made by the attorney for a criminal defendant, is good cause to grant the motion. See Johnson v. State, 332 Ark. 78, 959 S.W.2d 54 (1998) (per curiam); In Re: Belated Appeals in Criminal Cases, 265 Ark. 964 (1979) (per curiam). A copy of this per curiam will be forwarded to the Committee on Professional Conduct. See Harkness v. State, 264 Ark. 561, 572 S.W.2d 835 (1978).
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