Opinion
CR 96-1396
Opinion delivered December 9, 1996
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 his part is good cause to grant a motion for rule on the clerk.
Motion for Rule on the Clerk; granted.
Christopher Carter, for appellant.
No response.
Appellant, Don Jennings, by his attorney, Christopher Carter, has filed a motion for a rule on the clerk. His attorney admits by motion that the record was tendered late due to a mistake on his part by relying on the court reporter's calculation of the due date.
We find that such an error, admittedly made by the 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.