McCready v. State

Full title: Raymond C. McCREADY v . STATE of Arkansas

Court: Supreme Court of Arkansas

Date published: Jul 15, 1996

924 S.W.2d 813 (Ark. 1996)

924 S.W.2d 813

Opinion

CR 96-763

Opinion delivered July 15, 1996

APPEAL ERROR — MOTION FOR RULE ON CLERK — GOOD CAUSE FOR GRANTING. — An admission by an attorney for a criminal appellant that the record of postconviction proceedings 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.

Alvin Schay, for appellant.

No response.

PER CURIAM.

Appellant, Raymond C. McCready, by his attorney, Alvin Schay, has filed a motion for a rule on the clerk. Appellant filed a timely notice of appeal from the denial of his petition for postconviction relief pursuant to Rule 37 of the Arkansas Rules of Criminal Procedure. His attorney admits by motion that the record of the postconviction proceedings was tendered late due to a mistake on his 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.

DUDLEY, J., not participating.