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Smith v. State

Supreme Court of Arkansas
May 3, 1982
631 S.W.2d 835 (Ark. 1982)

Opinion

Opinion delivered May 3, 1982

APPEAL ERROR — MISTAKE BY ATTORNEY — GOOD CAUSE FOR MOTION FOR RULE ON THE CLERK. — An error, admittedly made by the attorney for a criminal defendant, is good cause to grant the Motion for Rule on the Clerk.

Motion for rule on the clerk; motion granted.

Charles P. Allen, for appellant.

Steve Clark, Att'y. Gen., by: Alice Ann Burns, Asst. Att'y. Gen., for appellee.


Gardner Smith, Jr., by his attorney, has filed for a rule on the clerk.

His attorney, Charles P. Allen, has attached an affidavit admitting that the record was tendered late due to a mistake 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
May 3, 1982
631 S.W.2d 835 (Ark. 1982)
Case details for

Smith v. State

Case Details

Full title:Gardner SMITH, Jr. v. STATE of Arkansas

Court:Supreme Court of Arkansas

Date published: May 3, 1982

Citations

631 S.W.2d 835 (Ark. 1982)
631 S.W.2d 835