Opinion
No. RC 88-54
Opinion delivered December 5, 1988
APPEAL ERROR — MOTION FOR RULE ON THE CLERK — GOOD CAUSE FOR GRANTING. — An admission by an attorney for a criminal defendant that he erred in filing an untimely notice of appeal is good cause to grant a motion for rule on the clerk.
Motion for Rule on the Clerk; granted.
Matt Keil, for appellant.
No response.
Appellant, Thomas Kevin Taylor, by his attorney, Matt Keil, seeks reconsideration of his Motion for Rule on Clerk which we denied because the attorney did not admit error. In this petition he admits error in filing untimely notice of appeal. See Ark. R. App. P. 5(a).
We find that such error, admittedly made by the attorney for a criminal defendant, is good cause to grant the motion. See per curiam 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.