ARK.] 673 Timothy Leo HARRINGTON v. STATE of Arkansas CR 97-242 938 S.W.2d 859 Supreme Court of Arkansas
Opinion delivered March 17, 1997 APPEAL & ERROR - MOTION FOR RULE ON THE 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. Theresa S. Nazario, for appellant. No response. PER CURIAM. Timothy Leo Harrington, by his attorney, has filed a motion for a rule on the clerk. His attorney, Theresa S. Nazario, admits in her motion that the record was tendered late due to a mistake on her part. [1] 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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