652 [353 Bobby MORGAN v. STATE of Arkansas
CR 03-587 113 S.W.3d 80 Supreme Court of Arkansas
Opinion delivered June 12, 2003 1. APPEAL & ERROR - MOTION FOR RULE ON CLERK - WHEN GRANTED. - The supreme court will grant a motion for rule on the clerk when the attorney admits the record was not timely filed due to an error on his part; a statement that it was someone else's fault, or no one's fault, will not suffice. 2. APPEAL & ERROR - MOTION FOR RULE ON CLERK - DENIED. — Where appellant's counsel failed to accept responsibility for not timely filing the appeal transcript, his motion to file a belated transcript, which was treated as a motion for rule on the clerk, was denied. Motion to File Belated Transcript (Treated as Motion for Rule on Clerk); denied. Erwin L. Davis, for appellant. No response. ER CURIAM. Appellant Bobby Morgan, by and through phis attorney, Erwin L. Davis, has filed a motion to file belated appeal transcript, which we will treat as a motion for rule on the clerk. Mr. Davis offers several reasons why the transcript was not timely filed but fails to accept responsibility himself. [1, 2] This Court has held that we will grant a motion for rule on the clerk when the attorney admits the record was not timely filed due to an error on his part. 7erry v. State, 288 Ark. 172, 702 S.W.2d 804 (1986). 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.W.2d 162 (1986). Therefore, appellant's motion must be denied. The appellant's attorney shall file within thirty days from the date of this per curiam a motion and affidavit in this case accepting
Aluc] 653 full responsibility for not timely filing the transcript, and upon same, the motion will be granted and a copy of the opinion will be forwarded to the Committee on Professional Conduct.
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