In re Cleary

Full title: RE: IN THE MATTER OF Cornelius CLEARY, A Juvenile

Court: Supreme Court of Arkansas

Date published: Feb 7, 1994

870 S.W.2d 394 (Ark. 1994)

870 S.W.2d 394

Opinion

CR 94-67

Opinion delivered February 7, 1994

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.

John L. Kearney, for appellant.

No response.

PER CURIAM.

Petitioner, Cornelius Cleary, by his attorney, John L. Kearney, has filed a motion for rule on the clerk. His attorney admits that the record was tendered late due to a mistake on his part.

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.