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Lumpkin v. State

Supreme Court of Arkansas
Jan 29, 2004
144 S.W.3d 281 (Ark. 2004)

Opinion

CR 04-39

Opinion delivered January 29, 2004

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 clerk.

Motion for Rule on Clerk; granted.

Don Etherly, for appellant.

No response.


Appellant James Lumpkin, by and through his attorney, has filed a motion for rule on the clerk. His attorney, Don Etherly, states in the motion that the record was tendered late due to a mistake on his part.

[1] We find that such an error, admittedly made by an 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.


Summaries of

Lumpkin v. State

Supreme Court of Arkansas
Jan 29, 2004
144 S.W.3d 281 (Ark. 2004)
Case details for

Lumpkin v. State

Case Details

Full title:James LUMPKIN v. STATE of Arkansas

Court:Supreme Court of Arkansas

Date published: Jan 29, 2004

Citations

144 S.W.3d 281 (Ark. 2004)
144 S.W.3d 281