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Huggins v. State

Supreme Court of Arkansas
Apr 29, 1991
807 S.W.2d 660 (Ark. 1991)

Opinion

No. RC 91-3

Opinion delivered April 29, 1991

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; Motion for Declaration of Indigency; Motion to Dismiss Petition to Withdraw as Counsel; granted.

Christopher Carter, for appellant.

Winston Bryant, Att'y Gen., by: Clint Miller, Sr. Asst. Att'y Gen., for appellee.


Appellant Kelly Huggins, by his attorney, has filed a motion for a rule on the clerk.

His attorney, Christopher O'Hara Carter, admits that the failure to file the record in time was 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 our Per Curiam opinion dated February 5, 1979, In Re: Belated Appeals in Criminal Cases, 265 Ark. 964.

The motion is therefore granted. A copy of this opinion will be forwarded to the Committee on Professional Conduct.

Appellant further moves for a declaration that he is indigent under Supreme Court Rule 28. That motion is granted.

Appellant's counsel moves to dismiss his previous petition to withdraw as counsel. That motion, too, is granted.


Summaries of

Huggins v. State

Supreme Court of Arkansas
Apr 29, 1991
807 S.W.2d 660 (Ark. 1991)
Case details for

Huggins v. State

Case Details

Full title:Kelly HUGGINS v. STATE of Arkansas

Court:Supreme Court of Arkansas

Date published: Apr 29, 1991

Citations

807 S.W.2d 660 (Ark. 1991)
807 S.W.2d 660