Opinion
CR 99-1023
Opinion delivered September 23, 1999
APPEAL ERROR — MOTION FOR RULE ON CLERK — DENIED. — An attorney for a criminal defendant must admit that the record was tendered late due to a mistake on his part in order to establish good cause to grant a motion for rule on the clerk; a statement that it was someone else's fault or no one's fault will not suffice; appellant's motion for rule on the clerk was denied.
Motion for Rule on the Clerk; denied.
Ben Beland, Public Defender, for appellant.
No response.
[1] Jerry S. Dye, by his attorney, has filed a motion for rule on the clerk. The motion admits that the record was not timely filed and that it was no fault of the appellant. This court has held that we will grant a motion for rule on the clerk when the attorney admits that the record was not timely filed due to an error on his part. See, e.g., Tarry v. State, 288 Ark. 172, 702 S.W.2d 804 (1986). Here, the attorney does not admit fault on his part. We have held that a statement that it was someone else's fault or no one's fault will not suffice. Clark. V. State, 289 Ark. 382, 711 S.W.2d 162 (1986). Therefore, appellant's motion must be denied.
The appellant's attorney shall file within thirty days from the date of this per curiam a motion and affidavit in this case accepting full responsibility for not timely filing the transcript, and upon filing same, the motion will be granted and a copy of the opinion will be forwarded to the Committee on Professional Conduct.
The present motion for rule on the clerk is denied.