From Casetext: Smarter Legal Research

Gaither v. State

Supreme Court of Arkansas
Nov 11, 1996
931 S.W.2d 442 (Ark. 1996)

Opinion

CR 96-1271

Opinion delivered November 11, 1996

APPEAL ERROR — MOTION FOR RULE ON 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.

Chester A. Baugus, for appellant.

No response.


Appellant, Franklin Woolery Gaither, by his attorney, Chester A. Baugus, has filed a motion for rule on the clerk. His attorney admits that the record was tendered late due to a mistake on his part.

[1] We find that such error, admittedly made by the attorney for a criminal defendant, is good cause to grant the motion. See Terry v. State, 272 Ark. 243, 613 S.W.2d 90 (1981); In Re: Belated Appeals in Criminal Cases, 265 Ark. 964 (1979) (per curiam).

A copy of this per curiam will be forwarded to the Committee on Professional Conduct. In Re: Belated Appeals in Criminal Cases, 265 Ark. 964.


Summaries of

Gaither v. State

Supreme Court of Arkansas
Nov 11, 1996
931 S.W.2d 442 (Ark. 1996)
Case details for

Gaither v. State

Case Details

Full title:Franklin Woolery GAITHER v . STATE of Arkansas

Court:Supreme Court of Arkansas

Date published: Nov 11, 1996

Citations

931 S.W.2d 442 (Ark. 1996)
931 S.W.2d 442