Opinion
CR 01-792
Opinion Delivered September 13, 2001
1. Appeal error — motion for rule on clerk — when granted. — The supreme court will grant a motion for rule on clerk when the attorney admits that the record was not timely filed due to an error on his part.
2. Appeal error — motion for rule on clerk — appellant's attorney ordered to file motion affidavit accepting responsibility for not timely filing transcript. — The supreme court directed appellant's attorney to file a motion and affidavit accepting responsibility for not timely filing the transcript; the court declared that, upon that filing, a motion for rule on the clerk would be granted.
3. Appeal error — motion to withdraw as counsel — action deferred pending compliance with order. — The supreme court declared that, upon granting of the motion for rule on the clerk, it would consider a motion for entry of appearance by appellant's newly retained counsel and appellant's attorney's motion to withdraw as counsel; action on those motions was deferred, pending appellant's attorney's compliance with the supreme court's order. [wbj]
Motion for Rule on the Clerk and to File Belated Appeal; denied.
Ed Webb Associates, by: Lynn D. Lisk, for appellant.
No response.
Appellant, Eric Z. Grillot, was convicted of first-degree murder in Van Buren Circuit Court, and a judgment and commitment order was filed on August 30, 2000. On November 17, 2000, Ralph J. Blagg, counsel for appellant, filed a notice of appeal and designated the entire record. On January 16, 2001, the trial court extended the filing of the transcript until June 1, 2001. The transcript was not filed by that deadline, and on July 17, 2001, Mr. Blagg filed a motion to withdraw as counsel, stating that subsequent to the deadline for filing the transcript, appellant retained other counsel. Mr. Blagg has failed to file a motion for rule on the clerk and does not accept responsibility for the untimely filing.
We have held that we will grant a motion for rule on 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). Under these circumstances, Mr. Blagg should have filed a motion for rule on the clerk, accepting full responsibility for not having timely filed the transcript. Appellant's motion to withdraw as counsel will not be granted until Mr. Blagg's motion for rule on the clerk has been granted.
Mr. Blagg shall file a motion and affidavit in which he accepts responsibility for not timely filing the transcript within thirty days from the date of this per curiam order, and upon that filing, the motion will be granted and a copy of the opinion will be forwarded to the Committee on Professional Conduct.
At that time, we will consider the motion for entry of appearance by appellant's newly retained counsel, and Mr. Blagg's motion to withdraw as counsel. We defer action on those motions, pending Mr. Blagg's compliance with this order.