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Kennedy v. State

Supreme Court of Arkansas
Sep 18, 1995
905 S.W.2d 70 (Ark. 1995)

Opinion

CR 95-897

Opinion delivered September 18, 1995

APPEAL ERROR — MOTION FOR BELATED APPEAL GRANTED — COUNSEL ADMITTED FAULT — GOOD CAUSE SHOWN. — Where counsel for a criminal defendant admitted fault in failing to file the record in a timely manner, good cause for granting appellant's motion for rule on the clerk was shown, and the motion was granted.

Motion for Rule on the Clerk granted.

John Henry, for appellant.

No response.


Appellant, Eric Kennedy, by his attorney, has filed for a rule on the clerk.

His attorney, John Henry, 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. A copy of this opinion will be forwarded to the Committee on Professional Conduct.


Summaries of

Kennedy v. State

Supreme Court of Arkansas
Sep 18, 1995
905 S.W.2d 70 (Ark. 1995)
Case details for

Kennedy v. State

Case Details

Full title:Eric KENNEDY v . STATE of Arkansas

Court:Supreme Court of Arkansas

Date published: Sep 18, 1995

Citations

905 S.W.2d 70 (Ark. 1995)
905 S.W.2d 70

Citing Cases

Hilligas v. Potashnick Constr. Co.

Moore v. State, 267 Ark. 548, 592 S.W.2d 450 (1980). See also Kennedy v. State, 321 Ark. 564, 905 S.W.2d 70…