Opinion
Opinion Delivered March 23, 1981
CRIMINAL PROCEDURE — MOTION FOR RULE ON CLERK — AFFIDAVIT BY ATTORNEY ADMITTING MISTAKE ON HIS PART IN LATE TENDER OF RECORD — GOOD CAUSE FOR GRANTING MOTION. — An affidavit by an attorney for a criminal defendant attached to a motion for rule on the clerk admitting that the record was tendered late due to a mistake on the attorney's part is good cause to grant the motion.
Motion for rule on clerk; motion granted.
E. Alvin Schay, State Appellate Defender, by: Jack R. Kearney, Deputy Defender, for appellant.
Steve Clark, Atty. Gen., for appellee.
Appellant William Terry, by his attorney, has again filed for a rule on the clerk. In a per curiam opinion issued March 16, 1981, we denied a similar motion. His attorney, E. Alvin Schay, 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, 265 Ark. 964, In Re: Belated Appeals in Criminal Cases.
A copy of this opinion will be forwarded to the Committee on Professional Conduct.