WALLS v. STATE, 339 Ark. 262 (1999)

Charles A. “Jack” WALLS III v. STATE of Arkansas

CR 99-1267
4 S.W.3d 492Supreme Court of Arkansas
Opinion delivered November 18, 1999

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 the clerk.

Motion for Rule on the Clerk; granted.

Hubert W. Alexander and Jon Johnson, for appellant.

No response.

PER CURIAM.

Appellant Charles A. “Jack” Walls, III, by and through his attorneys, has filed a motion for a rule on the clerk. His attorneys, Hubert W. Alexander and Jon Johnson, state in the motion that the record was tendered late due to a mistake on their part.

Page 263

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).

The motion is, therefore, granted. A copy of this opinion will be forwarded to the Committee on Professional Conduct.