Opinion
CR 96-428
Opinion delivered June 3, 1996
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.
John F. Gibson, Jr., for appellant.
No response.
The appellant, Larry Rayford, has filed a motion for rule on the clerk. This is his second motion. The first motion was denied in our per curiam opinion dated May 6, 1996. In the per curiam, we ordered the appellant's attorney, John F. Gibson, Jr., to file an affidavit accepting full responsibility for not timely filing the transcript. Mr. Gibson filed the affidavit on May 16, 1996.
[1] We find that such an admission of error, 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). A copy of this opinion will be forwarded to the Committee on Professional Conduct.
DUDLEY, J., not participating.