Opinion
CR 03-587
Opinion delivered September 4, 2003
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.
Erwin L. Davis, for appellant.
No response.
Appellant Bobby S. Morgan, by and through his attorney, Erwin L. Davis, has filed a motion for rule on the clerk. Attorney Davis 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.