Parker v. State

Full title: Cherry PARKER v. STATE of Arkansas

Court: Supreme Court of Arkansas

Date published: Jan 31, 1994

870 S.W.2d 377 (Ark. 1994)

870 S.W.2d 377

Opinion

CR 94-43

Opinion delivered January 31, 1994

APPEAL ERROR — MOTION FOR RULE ON THE 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.

Jan Thornton, for appellant.

No response.

PER CURIAM.

Appellant, Cherry Parker, by his attorney, Jan Thornton, has filed a motion for rule on the clerk. His attorney admits that the record was tendered late due to an oversight on her part.

We find that such error, admittedly made by the attorney for a criminal defendant, is good cause to grant the motion. See per curiam order dated February 5, 1979. In re: Belated Appeals in Criminal Cases, 265 Ark. 964; Terry v. State, 272 Ark. 243, 613 S.W.2d 90 (1981).

A copy of this opinion will be forwarded to the Committee on Professional Conduct.