Richard Maxwell v. State of Arkansas

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Cr03-055

Richard Harold MAXWELL v. STATE of Arkansas

CR 03-55 ___ S.W.3d ___

Supreme Court of Arkansas

Opinion delivered February 6, 2003

Appeal & error -- motion for rule on clerk -- good cause for granting. -- An admission by an attorney for a criminal defendant that a motion to extend the time to file the record was not filed in timely fashion 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.

David L. Chambers, for appellant.

No response.

Per Curiam. Appellant Richard Harold Maxwell, by and through his attorney, David L. Chambers, has filed a motion for rule on clerk. Mr. Chambers, states in the motion that his motion to extend the time to file the record was not filed in timely fashion due to a mistake on his part.

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.

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