ARK.1 521 James GUSS v. STATE of Arkansas CR 96-905 928 S.W2d 336 Supreme Court of Arkansas
Opinion delivered September 16, 1996 APPEAL & ERROR - MOTION FOR RULE ON CLERK - GOOD CAUSE FOR GRANTING. - An admission by an attorney for a criminal defendant that the record of postconviction proceeedings 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. Jeffiey H. Kearney, for appellant. No response. PER CURIAM. Appellant James Guss, by his attorney, Jeffrey H. Kearney, has filed a motion for a rule on the clerk. Appellant filed a timely notice of appeal from the denial of his petition for postcon-viction relief pursuant to Rule 37 of the Arkansas Rules of Criminal Procedure. His attorney admits by motion that the record of the postconviction proceedings was tendered late due to a mistake on his part. We find that such an error, admittedly made by the 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). The motion is therefore granted. A copy of this opinion will be forwarded to the Committee on Professional Conduct.
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