Opinion
Opinion delivered April 29, 1985
APPEAL ERROR — MOTION FOR RULE ON THE CLERK — GOOD CAUSE TO GRANT. — 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 the motion for rule on the clerk.
Motion for Rule on the Clerk; Granted.
Patricia Tucker, for appellant.
No response.
Appellant, Russell McKinnon, by his attorney, has filed for a rule on the clerk.
His attorney, Patricia Tucker, admits that the record was tendered late due to a mistake on her 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.
A copy of this opinion will be forwarded to the Committee on Professional Conduct.