Gaither v. State

Full title: Franklin Woolery GAITHER v . STATE of Arkansas

Court: Supreme Court of Arkansas

Date published: Nov 11, 1996

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

931 S.W.2d 442

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.

PER CURIAM.

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.