Opinion
CR 93-1051
Opinion delivered October 11, 1993
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.
Phil Kinsey, for appellant.
No response.
The appellant, Jimmy Dean Welch, by his attorney, has filed a motion for a rule on the clerk.
His attorney, Phil Kinsey, admits that the failure to file the record in time was 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.
The motion is therefore granted. A copy of this opinion will be forwarded to the Committee on Professional Conduct.