Monk v. State

Full title: Michael MONK a/k/a Al Capone v. STATE of Arkansas

Court: Supreme Court of Arkansas

Date published: Oct 12, 1987

737 S.W.2d 459 (Ark. 1987)

737 S.W.2d 459

Opinion

Opinion delivered October 12, 1987

APPEAL ERROR — MOTION FOR RULE ON THE CLERK — MOTION DENIED. — Although the motion states that the record was filed late through no fault of the appellant, the motion is denied, but if counsel for appellant will concede that it was his fault that the record was not filed, or if other good cause is shown, then the motion will be granted.

Motion for Rule on the Clerk; denied.

Kline Huddle, by: Marc Aaron Kline, for appellant.

No response.

PER CURIAM.

Michael Monk, by his attorney, Marc Aaron Kline, has filed a motion for rule on the clerk.

The motion admits that the record was not timely filed and that it was no fault of the appellant.

However, the motion does not state good cause for granting the motion as discussed in our per curiam issued February 5, 1979, 265 Ark. 964. If the attorney for Monk will concede that it was his fault that the record was not filed, or if other good cause is shown, then the motion will be granted. The present motion for rule on the clerk is denied.