Barry Fairow v. State of Arkansas

Barry FAIROW v. STATE of Arkansas

CR 04-679  __ S. W.3d ___

Supreme Court of Arkansas
Opinion delivered September 9, 2004

Appeal & Error - Motion for Rule on Clerk - Good Cause for Granting. - An admission by an attorney for a criminal defendant that the notice of appeal was tendered late due to a mistake on his part is good cause to grant a motion for rule on the clerk.

Motion for Rule on Clerk; granted.

Dennis R. Molock, for appellant.

No response.

Per Curiam. Appellant Barry Fairow, by and through his attorney, Dennis R. Molock, has filed a motion for rule on clerk. Mr. Molock states in the motion that the notice of appeal was not filed in a timely fashion 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.