Opinion
CR 94-564
Opinion delivered June 27, 1994
APPEAL ERROR — MOTION FOR RULE ON THE CLERK — GOOD CAUSE FOR GRANTING. — An admission by an attorney that the notice of appeal was filed prematurely, while his motion for a new trial was still pending, is good cause to grant a motion for rule on the clerk.
Motion for Rule on the Clerk; granted.
Addie M. Burks, for appellant.
No response.
Appellant has filed a motion for a rule on the clerk. His attorney, Addie M. Burks, has admitted that the notice of appeal was filed prematurely on February 15, 1994, while his motion for a new trial was still pending. Since his attorney has admitted his responsibility, that is good cause in a criminal case to grant the motion for a rule on the clerk.
A copy of this opinion will be forwarded to the Committee on Professional Conduct.