EASLEY V. STATE
ARK. Cite as 340 Ark. 473 (2000) 473 Jimmy EASLEY; Vickey Wagner Easley v.
STATE of Arkansas CR 00-144 10 S.W3d 462 Supreme Court of Arkansas
Opinion delivered February 24, 2000 1. APPEAL & ERROR — MOTION FOR RULE ON CLERK WHEN GRANTED. — An admission by an attorney for a criminal defendant that the record was tendered late due to a mistake ori his or her part is good cause to grant a Motion for rule on the clerk. 2. APPEAL & ERROR — MOTION FOR RULE ON CLERK — DENIED. — A statement that it was someone else's fault or no one's fault that the record was tendered late will not suffice; where the attorney did not admit fault on his part, his motion for rule on the clerk was denied. Motion for Rule on the Clerk; denied. Mathis & DeJanes, by: Winston C. Mathis, for appellants. No response. ER CURIAlvi. Jimmy Easley and Vickey Wagner Easley, by P their attorney, have filed a motion for rule on the clerk.
EASLEY V. STATE 474 Cite as 340 Ark. 473 (2000) [ 340 The motion admits that the Easleys' record for appeal was not timely filed and asserts that this was due to a mistake on the part of the attorney, Winston C. Mathis, and the court reporter in failing to request an extension of time to file the record. [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.W2d 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.W2d 162 (1986). Therefore, appellant's motion must be denied. If the appellant's attorney files, 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, the motion for rule on the clerk 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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