Opinion
October 5, 1981
APPEAL ERROR — LATE TENDER OF RECORD IN CRIMINAL CASE — ADMISSION OF MISTAKE BY ATTORNEY CONSTITUTES GOOD CAUSE TO GRANT MOTION FOR RULE ON CLERK. — Where the attorney for a criminal defendant admits that the record was tendered late due to a mistake on his part, this is good cause to grant a motion for rule on the clerk.
Motion for rule on the clerk; motion granted.
John W. Settle, for appellant.
Steve Clark, Att'y. Gen., by: Alice Ann Burns, Asst. Att'y. Gen., for appellee.
Appellant, Robert N. Ford, by his attorney, has filed for a rule on the clerk.
His attorney, John W. Settle, admits that the record 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 our Per Curiam opinion dated February 5, 1979, In Re: Belated Appeals in Criminal Cases.
A copy of this Opinion will be forwarded to the Committee on Professional Conduct.