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Smith v. State

Supreme Court of Arkansas
Jun 26, 1989
771 S.W.2d 772 (Ark. 1989)

Opinion

No. RC 89-27

Opinion delivered June 26, 1989

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.

James P. Clouette, for appellant.

No objection.


Appellant Emma B. Smith, by her attorney, has filed for a rule on the clerk. The attorney, James P. Clouette, admits that the failure to file the record in time was due to fault on his 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, 265 Ark. 964.

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


Summaries of

Smith v. State

Supreme Court of Arkansas
Jun 26, 1989
771 S.W.2d 772 (Ark. 1989)
Case details for

Smith v. State

Case Details

Full title:Emma B. SMITH v. STATE of Arkansas

Court:Supreme Court of Arkansas

Date published: Jun 26, 1989

Citations

771 S.W.2d 772 (Ark. 1989)
771 S.W.2d 772