Opinion
CR 94-1034
Opinion delivered October 17, 1994
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.
Gene O'Daniel, for appellant.
No response.
Gloria Jean Bilderback, by her attorney, Gene O'Daniel, has filed a motion for a rule on the clerk. Her attorney, Gene O'Daniel, admits by motion 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 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.