Bobby Russell v. State of Arkansas

Bobby RUSSELL v. STATE of Arkansas

CR 03-402                                                                                    110 S.W.3d 249

Supreme Court of Arkansas

Opinion delivered May 1, 2003

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. [cme]

Motion for Rule on the Clerk; granted.

Mike Everett, for appellant.

No response.

Per Curiam. Appellant Bobby Russell, by and through his attorney, has filed a motion for rule on clerk. His attorney, Mike Everett, states 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 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.