CR 04-570
187 S.W.3d 856Supreme Court of Arkansas.
Opinion delivered June 10, 2004
APPEAL ERROR — MOTION FOR RULE ON 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 clerk.
Motion for Rule on Clerk; granted.
B. Kenneth Johnson, for appellant.
No response.
PER CURIAM.
Appellant Ray McBride, Sr., by and through his attorney, B. Kenneth Johnson, has filed a motion for rule on clerk. Mr. Johnson admits responsibility for failing to timely file the record due to a mistake on his part.
[1] We find that such an error, admittedly made by an 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).Page 650
The motion is, therefore, granted. A copy of this opinion will be forwarded to the Committee on Professional Conduct.