James E. Williams v. State of Arkansas

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cr04-413

James Edward WILLIAMS v. STATE of Arkansas

CR 04-413                                                                                                                                                                                             ___ S.W.3d ___

Supreme Court of Arkansas
Opinion delivered May 6, 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.

Robert N. Jeffrey, for appellant.

No response.

Per Curiam. Appellant James Edward Williams, by and through his attorney, has filed a motion for rule on the clerk. His attorney, Robert N. Jeffrey, 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 McDonald v. State, 356 Ark. ___, ___ S.W.3d ___, (February 12, 2004).

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

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