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Smith v. State

Supreme Court of Arkansas
Jan 23, 2003
97 S.W.3d 385 (Ark. 2003)

Opinion

CR 02-1108

Opinion delivered January 23, 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.

Dennis R. Morlock, for appellant.

No response.


Petitioner, Melton Smith, by his attorney, Dennis R. Molock, has filed a motion for rule on the clerk. His attorney admits that the record was tendered late due to a mistake on his part.

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

A copy of this per curiam will be forwarded to the Committee on Professional Conduct. In Re: Belated Appeals in Criminal Cases, 265 Ark. 964.


Summaries of

Smith v. State

Supreme Court of Arkansas
Jan 23, 2003
97 S.W.3d 385 (Ark. 2003)
Case details for

Smith v. State

Case Details

Full title:Melton SMITH v. STATE of Arkansas

Court:Supreme Court of Arkansas

Date published: Jan 23, 2003

Citations

97 S.W.3d 385 (Ark. 2003)
97 S.W.3d 385

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Welch v. State

[1] This court has long held that we will grant a motion for rule on clerk when the attorney admits that the…