Opinion
Opinion delivered February 18, 1986
APPEAL ERROR — MOTION FOR RULE ON THE 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.
Cross, Kearney McKissic, by: Jesse L. Kearney, for appellant.
No response.
Appellant, Jesse Ray Williams, by his attorney, has filed for a rule on the clerk.
His attorney, Jesse L. Kearney, 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.
PURTLE, J., not participating.