Kevin Wayne Hale v. State of Arkansas

Kevin Wayne HALE v. STATE of Arkansas

CR 97-192                                          ___ S.W.2d ___

                    Supreme Court of Arkansas
                Opinion delivered March 10, 1997


Appeal & error -- motion for rule on 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.
     A. Wayne Davis, for appellant.
     No response.

     Per Curiam. 
     Kevin Wayne Hale, by his attorney, has filed a motion for a
rule on the clerk.
     His attorney, A. Wayne Davis, admits in his motion 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
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.