Opinion
Opinion delivered January 16, 1984
APPEAL ERROR — MOTION FOR RULE ON THE CLERK — GOOD CAUSE TO GRANT. — An admission by an attorney for a criminal defendant that the transcript 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; motion granted.
Shaw, Shaw Ryan, by: Jerry Ryan, for appellant.
Steve Clark, Atty. Gen., by: Alice Ann Burns, Deputy Atty. Gen., for appellee.
Appellant Michael Bethel, by his attorney, Jerry Ryan, has filed a motion for rule on the clerk. The motion admits that the record was not timely filed and it was no fault of the appellant. Appellant's attorney, in the motion and in the accompanying memorandum, further admits that he miscalculated the time in which to file his client's transcript.
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.