Ray Albert Hussey v. State of Arkansas

Ray Albert HUSSEY v. STATE of Arkansas

CR 99-61 ___ S.W.2d ___

Supreme Court of Arkansas

Opinion delivered February 4, 1999

Appeal & error -- motion for rule on clerk -- good cause for granting. -- An admission by the 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.

G.B. "Bing" Colvin III, for appellant.

No response.

Per Curiam.

Appellant Ray Albert Hussey has filed a motion for rule on the clerk. The motion reflects that the notice of appeal was filed October 13, 1998; however, the record was not tendered until January 12, 1999, more than ninety days later. See Ark. R. App. P.--Civ. 5(a). His attorney, G.B. "Bing" Colvin III, admits in the motion that the record was tendered late due to a mistake on his part.

We find that such error, admittedly made by the attorney for a criminal defendant, is good cause to grant the motion. See Davis v. State, 335 Ark. 136, ___ S.W.2d ___ (1998) (per curiam); Harkness v. State, 264 Ark. 561, 572 S.W.2d 835 (1978). A copy of this per curiam opinion will be forwarded to the Committee on Professional Conduct. See In Re: Belated Appeals in Criminal Cases, 265 Ark. 964 (1979) (per curiam).

Motion granted.