Summary
In Harrison v. State, 360 Ark. 597, 203 S.W.3d 122 (2005), this court granted a motion for rule on the clerk for failure to timely file the record in the appeal from the June 15, 2004, order denying her petition for relief under Rule 37.
Summary of this case from Harrison v. StateOpinion
No. CR 05-64.
Opinion delivered February 10, 2005.
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 her part is good cause to grant a motion for rule on the clerk.
Motion for Rule on Clerk; granted.
Kara Bideler Moore, for appellant.
No response.
Appellant Raye Lynn Harrison, by and through her attorney, has filed a motion for rule on the clerk. Her attorney, Kara Bideler Moore, states in the motion that the record was tendered late due to a mistake on her part.
[1] We find that such an error, admittedly made by an 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.