Ray McBride, Sr. v. State of Arkansas

Ray McBRIDE, Sr. v. STATE of Arkansas

CR 04-570                                                                                                                                                                                          ___ S.W.3d ___

Supreme Court of Arkansas
Opinion delivered June 10, 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.

B. Kenneth Johnson, for appellant.

No response.

Per Curiam. Appellant Ray McBride, Sr., by and through his attorney, B. Kenneth Johnson, has filed a motion for rule on clerk. Mr. Johnson admits responsibility for failing to timely file the record 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.