James Lumpkin v. State of Arkansas

James LUMPKIN v. STATE of Arkansas

CR 04-39                                                                                                                                                                                           144 S.W.3d 281

Supreme Court of Arkansas
Opinion delivered January 29, 2004

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 clerk.

Motion for Rule on Clerk; granted.

Don Etherly, for appellant.

No response.

Per Curiam. Appellant James Lumpkin, by and through his attorney, has filed a motion for rule on the clerk. His attorney, Don Etherly, 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.