Perry Lamar Adkins v. State of Arkansas

Perry Lamar ADKINS v. STATE of Arkansas

CR 03-426                                                                       113 S.W.3d 624

Supreme Court of Arkansas
Opinion delivered May 8, 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.

W. Gary Kennan, for appellant.

No response.

Per Curiam. Appellant, Perry Lamar Adkins, by and through his attorney, has filed a motion for a rule on the clerk. His attorney, Gary Kennan, states 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 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).

Therefore, the motion is granted. A copy of this opinion will be forwarded to the Committee on Professional Conduct.