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Gist v. State

Supreme Court of Arkansas
Apr 17, 1989
768 S.W.2d 34 (Ark. 1989)

Opinion

No. RC 89-12

Opinion delivered April 17, 1989

APPEAL ERROR — MOTION FOR RULE ON THE 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.

Sherman and James, by: Anthony J. Sherman, for petitioner.

No response.


Petitioner, Donnie Gist, by his attorney, Anthony J. Sherman, has filed a motion for rule on the clerk. His attorney admits that he failed to file a transcript within the ninety (90) day limit due to his erroneous belief that he had been relieved as attorney of record.

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


Summaries of

Gist v. State

Supreme Court of Arkansas
Apr 17, 1989
768 S.W.2d 34 (Ark. 1989)
Case details for

Gist v. State

Case Details

Full title:Donnie Elbert GIST v. STATE of Arkansas

Court:Supreme Court of Arkansas

Date published: Apr 17, 1989

Citations

768 S.W.2d 34 (Ark. 1989)
768 S.W.2d 34