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Duncan v. State

Supreme Court of Arkansas
Jul 6, 1987
731 S.W.2d 784 (Ark. 1987)

Opinion

Opinion delivered July 6, 1987

APPEAL ERROR — MOTION FOR RULE ON THE CLERK — GOOD CAUSE FOR GRANTING. — After reviewing counsel's motion with attached affidavits and the record, the court found that the error, admittedly made by the attorney for a criminal defendant, is good cause to grant the motion for rule on the clerk.

Motion for Rule on the Clerk; granted.

Wayne Emmons, for appellant.

No response.


Petitioner, Wayne Duncan, by his attorney, Wayne Emmons, has filed a motion for rule on the clerk. His attorney admits he failed to tender the record within the time constraints required under Rule 5 of the Arkansas Rules of Appellate Procedure, due to oversight plus on-going negotiations with the prosecuting attorney. On June 5, 1987, the trial court held a hearing pursuant to our per curiam in this cause dated February 23, 1987.

Upon our review of counsel's motion with attached affidavit and the record submitted herein, we find that the error, admittedly made by the attorney for a criminal defendant, is good cause to grant the motion. See per curiam dated February 5, 1979, 265 Ark. 964; Terry v. State, 272 Ark. 243 (1981).

A copy of this opinion will be forwarded to the Committee on Professional Conduct. In re: Belated Appeals in Criminal Cases, 265 Ark. 964 (1979).

DUDLEY, J., would deny.


Summaries of

Duncan v. State

Supreme Court of Arkansas
Jul 6, 1987
731 S.W.2d 784 (Ark. 1987)
Case details for

Duncan v. State

Case Details

Full title:Wayne DUNCAN v. STATE of Arkansas

Court:Supreme Court of Arkansas

Date published: Jul 6, 1987

Citations

731 S.W.2d 784 (Ark. 1987)
731 S.W.2d 784