David McGrew v. State of Arkansas

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               David L.McGREW v. STATE of Arkansas

CR 98-426                                          ___ S.W.2d ___

                    Supreme Court of Arkansas
                  Opinion delivered May 7, 1998


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.
     W. Hunter Williams, for appellant.
     No response.

     Per Curiam.
     Pursuant to Ark. Sup. Ct. R. 2-2 (1997), appellant, David L.
McGrew, by his attorney, W. Hunter Williams, Jr., filed a motion
for rule on the clerk.  Mr. Williams admitted in the 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). 
Accordingly, the motion is granted.  A copy of this opinion will be
forwarded to the Committee on Professional Conduct.  Id.

     

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