Opinion
CR 04-179
Opinion delivered May 13, 2004
APPEAL ERROR — RULE ON CLERK — GOOD CAUSE FOR GRANTING. — The admission of responsibility on the part of an attorney for a criminal defendant for failing to timely file the record due to a mistake on his part is good cause to grant a motion for rule on the clerk.
Motion for Rule on Clerk; granted.
John R. Irwin, for appellant.
No response.
Appellant Irene Waddle, through her attorney, John R. Irwin, has filed a motion for rule on the clerk. Mr. Irwin admits responsibility for failing to timely file the record due to a mistake on his part.
[1] We find that such an error, admittedly made by an attorney for a criminal defendant, is good cause to grant the motion. See In Re: Belated Appeals in Criminal Cases, 265 Ark. 964 (1979) ( per curiam).
The motion is, therefore, granted. A copy of this opinion will be forwarded to the Committee on Professional Conduct.