Jason Rogers v. State of Arkansas

Jason B. ROGERS v. STATE of Arkansas

CR 03-485                                                                                                                                                                       117 S.W.3d 108

Supreme Court of Arkansas
Opinion delivered September 4, 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.

Alvin Q. Malone, for appellant.

No response.

Per Curiam. Appellant, Jason B. Rogers, by his attorney, Alvin Q. Malone, has filed a motion for rule on the clerk. His attorney admits 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 Terry v. State, 272 Ark. 243, 613 S.W.2d 90 (1981); In Re: Belated Appeals in Criminal Cases, 265 Ark. 964 (1979) (per curiam).

A copy of this per curiam will be forwarded to the Committee on Professional Conduct. In Re: Belated Appeals in Criminal Cases, 265 Ark. 964.