Opinion
CR 04-583
Opinion delivered June 10, 2004
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 clerk.
Motion for Rule on Clerk; granted.
Law Offices of John R. Van Winkle, P.A., by: John R. Van Winkle, for appellant.
No response.
Helen Marie Gately, by and through her attorney, has filed a motion for a rule on the clerk.
[1] Her attorney, John R. VanWinkle, admits in his 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.